Charged While On Probation

Facing a new criminal charge when you are already on probation can complicate matters. This could, in many cases, trigger the revocation of your probation and force you to serve your original sentence in jail. In addition, you need to deal with the new charges that you face. Learn how to protect yourself in this situation with the information on this page.


Being charged with a new crime while you are on probation constitutes a substantive violation of your probation. This could result in having your probation revoked and going to jail. This is the case whether your original crime was a DUI and you are now charged with a new and unrelated crime, or if you were convicted of another crime and while on probation you pick up a DUI charge. In this section of our website, we discuss the different types of violations of probation, immediate consequences that you face, and long term penalties. Here, you can learn a little more about what probation is.

Probation Frequently Asked Questions

Have questions about probation? Learn more here.

What Are Common Conditions of Release on Probation?

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Conditions of release on probation are court ordered by a judge. While they can vary based on the defendant’s specific situation, here are a few common examples:

  • No use of drugs or alcohol.
  • No possession of firearms.
  • No new crimes committed.
  • Keeping your current job or getting a new one.
  • Going to school or applying to school.
  • Abiding by the curfew set by the court.
  • Meeting with your probation officer on a regular basis.
  • Staying in the state/country.
  • Appearing at all of your court dates.
  • Having no contact with the victim(s) involved in your case.

Failure to comply with any of the conditions of your release, especially facing a new criminal charge, will put your probation status at risk. Your probation can be revoked and you will have to go back to jail in this case.

What Are My Rights on Probation?

Your rights when you are on probation are very limited. While you always have the right to be treated respectfully and not to be discriminated against based on your race, gender, sexual orientation, etc., your right to privacy becomes severely limited. Your probation officer can search your home or ask you to take a drug test at any time. Failure to comply will be a violation of your probation and could result in you being sent to jail.

Can I Fight Revocation of My Probation?

Yes, you have the right to a hearing if the court believes that you have violated your probation in some way. You need to defend yourself against the violation of probation that the court is accusing you of. You may have a lawyer present at such a hearing to defend you and make sure that your rights are protected. While you build your defense, the state will build a case against you. They will attempt to prove that you did violate your probation and will determine an appropriate punishment.

Can I Appeal a Revoked Probation Ruling?

Yes, this is a possibility in most states. If a higher court can determine that a lower court made a mistake when revoking probation, your option to go on probation will be restored.

What Rights Do I Have at a Probation Revocation Hearing?

At a revocation hearing for your probation, the prosecutor has to prove that you knowingly violated a term of your probation or that you committed a new crime. If there are new charges brought against you, you have the right to know what these charges are. In addition, you have the right to present evidence proving that you did not violate your probation. An attorney can assist you with presenting a case in court.

Protecting Your Rights

If you are awarded probation by the court, it is in your best interest to follow all of the conditions of your release so as to avoid any issues with your probation officer and the court. This is especially the case when it comes to facing new criminal charges. If you face a new criminal charge, your violation will likely be revoked and you face the full penalties of your first offense as well as the penalties associated with a conviction of the new crime that you face. For more information and help, contact us today.

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