An individual was placed on felony probation for habitual DWLS, they were recently arrested for the same offense. Does this new arrest violate his current probation?
Yes, an arrest can be the basis for a warrantless VOP. Whether the VOP is sustained will depend largely on whether the new law offense is sustained.
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Criminal Defense Attorney
The individual will likely be charged with a violation of probation. The individual will not automatically be violated, but they should contact an attorney immediately.
The "arrest" does not violate his probation. Committing the offense that leads to the arrest violates the probation. Whether it will lead to a revocation depends on a number of factors. It will almost certainly be investigated by the PO.
Probation means you have already been convicted of a crime. A judge decided that you did not need to be imprisoned to protect society, but you are subject to being searched or locked up at any time if someone thinks that decision might have been wrong. You have one foot in the jail cell already!
When talking to clients considering probation, I often compare it to being like moving back home with a step-parent who doesn’t like you. That step-parent gets to set your hours, tell you who your friends are, tell you where you can and cannot live, and talk to your boss at work. If he/she thinks you are breaking a rule, you can be put into jail until a decision is made. It is a significant change in your liberty.
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Yes this new charge will violate his current felony probation. As long as he is not considered a Violent Felony Offender of Special Concern he will likely get a bond. Consult a criminal defense attorney asap to discuss possible outcomes and defenses.
Criminal Defense Attorney
The bandwagon is correct. Yes.
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