A probation hearing is held if you violate the terms of your DUI. The judge will decide what to do about your probation violation based on this hearing.
In California, every DU conviction comes with probation. Probation typically lasts three to five years for DUI, and could involve a staggering variety of requirements. If you violate your probation in any way, you will be arrested and face a probation hearing before a judge.
Probation hearings are typically short, and they do not involve a jury. But you do have many of the same rights at a probation violation hearing that you had at your original criminal trial. For example:
- You can call witnesses.
- You can testify on your own behalf.
- You can present any evidence you may have. This can include explaining extenuating circumstances surrounding your probation violation.
- You have the right to be represented by a criminal defense attorney. Having a knowledgeable DUI lawyer at your probation hearing can significantly affect the outcome.
The best defense against a probation violation depends on the violation itself. In many cases, we see defendants who did in fact break probation, but not out of malicious intent. You may have been over burdened by the requirements of their parole, may have been confused about what documentation they needed, or may have had little choice but to break a probation condition—such as driving somewhere urgent when your license was suspended. In other cases, drug or alcohol addiction affected your decision. All of these can carry some weight with a judge if presented by a skilled attorney.
The judge will consider the evidence and make a decision. Judges can rule one of three ways:
- They can reinstate your original probation and order you to stick to it from now on.
- They could allow you to continue on probation, but make the terms even stricter.
- They could cancel your probation and send you to jail immediately.
Are you facing a DUI probation violation? We can help. Let us connect you with an experienced Los Angeles DUI lawyer and get you a FREE consultation. Fill out the form to the right or call (310) 896-2724 and get your free consultation today.