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What happens if you are on probation in one state and get arrested in another state?

Orange Beach, AL |

If you get a DUI in Alabama and you get 2 years probation, then you get arrested in Texas for a PI a year later, that you are currently working on getting dropped, what is the likely outcome?

Attorney Answers 3


  1. There are simply too many variables in this fact scenario to give a precise response. I am fairly certain that there is a reporting requirement in your order of probation which requires reporting of new arrests within a given amount of time. Also, even if the PI case in TX is dismissed, the order of probation may state that any ARRESTS are also deemed violations of probation. You need the assistance of a criminal defense lawyer to flesh this out for you. I have an office in Fairhope and Bay Minette if you'd like to discuss this matter in more detail.

    As always, no attorney/client relationship is created by this answer and I recommend that you contact a local, experienced criminal defense lawyer to discuss your particular situation.


  2. Your best course of action is to retain (hire) a qualified criminal defense attorney to represent you. If you are still on probation in the state of Alabama, the sentencing court retains the authority to revoke your probation. However, probation revocation is not automatic and requires a full "due process" evidentiary hearing. At the hearing, you or your attorney will able to cross-examine the state's witnesses, produce witnesses and testimony of your own, and offer documents and exhibits in your favor. The court must decide whether to revoke probation, not to revoke probation, or to add new or different requirements to the existing probation. The standard of proof for the court is to the "reasonable satisfaction" of the court, and that is a very elastic standard. Your best course of action is to immediately retain a qualified criminal defense attorney to assist you.


  3. Your probation officer in Alabama is likely to discovery the new offense sooner or later. When/if that happens, you need to hire legal counsel to give you the best chance of avoiding jail time in Alabama.

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