How much time will I do if I violate felony probation and get charged with dui

Asked over 1 year ago - Austell, GA

I have a simple possession years ago finished probation now on felony probation for aggravated assault I just sent to jail for no tag suspended license and DUI lawyer violated me now just waiting for court I also just have 3 months on probation thank you

Attorney answers (3)

  1. Robert Rogers Giannini

    Pro

    Contributor Level 11

    5

    Lawyers agree

    Answered . So much depends on the judge, the PO, and your lawyer. But, remember, if the PO alleges that you have violated probation by committing a new offense, he or she has to prove that. Keep in your mind the difference between proof that you were charged with a new offense (which is enough to start the probation violation process only), and proof that you actually committed the new offense (which is required for a finding that you violated probation). There are essentially three ways that the PO can prove that you violated probation by committing a new offense: 1. if you admit it, 2. if you have plead or been found guilty of the new charge, 3. by having an witnesses to the new charge (probably a cop in this case) come testify at the probation hearing. A nolo plea to the new charges is not proof of the new offense for probation violation purposes (fellow attorneys see Bolden v. State, Ga. SCt. S01G1712, 5-13-2002). I think you need to consult with a lawyer who practices regularly before the judge who has you on probation. Good luck.

  2. James Lawrence Yeargan Jr.

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . If you only have 3 months left on probation that is the maximum amount of time they can send you back to jail.

    James L. Yeargan, Jr. is licensed to practice law in the State of Georgia. All information given is based only on... more
  3. Troy Windel Marsh Jr.

    Contributor Level 14

    2

    Lawyers agree

    Answered . You will do up to the maximum time remaining on your sentence. Hire the best lawyer you can afford, and follow that attorney's advice.

    Answers to questions on this web site are for informational purposes only and do not constitute legal advice.... more

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