So the person is currently on probation for a dui and another probation for possession and dealing narcotics, served on house arrest then finishing out on probation. The person violated probation with a failed drug screen a couple months ago. Evidentual hearings are set for this month. Why weren't they sentenced at the initial hearing, why is there an evidentual hearing. What usually happens? Also this person has had a history of arrests in the last 10 years that relate to drugs and alcohol.
Well the probation violation is a dirty drop while on probation. The probation was set up because she was arrested what I said above. The person tested positive for cocaine. The person has two court hearings coming up for both probations. The criminal record of this individual is I believe 3-4 felonies related to drugs and 2-3 misdomeanors related to dui's. And the current probations haven't been given a name to what is on the record, just that the person was arrested for the dui and the possession and dealing. That they are serving probation for the sentence. But consider the trouble that just arrised from violating I was just curious to know what my friend was looking at time wise.
Criminal Defense Attorney
Normally, a preliminary hearing is held after a defendant is accused of violating the terms of his/her probation. At the preliminary hearing, the defendant is given an opportunity to either admit or deny the alleged probation violation. If the defendant admits to violating the probation terms, the court will sanction the defendant. If the defendant denies the probation violation, the court will usually set the matter for an evidentiary hearing. The court could consider the defendant's criminal record and history on probation when sanctioning the defendant if the court indeed finds that the defendant violated the terms of his/her probation. It's impossible to know what will happen in court without knowing more details regarding the alleged probation violation.