Probation is one of the widely used consequences of violating the law in the state of Connecticut. It is a way to release offenders after serving some of a sentence or monitor an offender instead of incarceration. Because probation happens after some conviction and allows the offender to participate in society, probation officers supervise the offender and ensure that the offender adheres to certain rules. If an offender gets arrested or violates the conditions of probation, the probation officer can alert the court that the offender has violated probation. In this case, there will be consequences.
Violation of Probation and Probation Hearing Consequences
A DUI arrest is a serious charge in Connecticut, and when this occurs, an arrestee on probation will be in violation of the terms of probation for being arrested. There are consequences to this action. The arrestee will have to face the charge of the DUI and will face a violation of probation charge pursuant to C.G.S. §53a-32. Once the offender has violated probation, the arrest is reported, and the probation office will review the case. Considering the circumstances, such as an arrest, the officer may decide to order that the defendant be rearrested or continue on release until a probation hearing.
The purpose of the probation hearing is for a judge to determine whether there was a violation and what the consequences will be. In this hearing, the judge makes the determination based on the facts surrounding the alleged violation, and the standard of proof is lower than that of a finding of guilt in a criminal trial. The prosecutor just has to show that the defendant was on probation at the time, and there was either a violation of the conditions of probation or the defendant was arrested. After the judge finds that there was a violation of probation, the defendant could be ordered to serve the maximum penalty that is allowed under the statute that the defendant was convicted on. If the defendant violated probation by being rearrested, the defendant will also have to serve whatever time given if convicted of that charge as well.
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One common misconception about violating probation by being rearrested is that the state must get a conviction for the new offense in order to show that there was a violation of probation. This is not the case. For example, if a person is on probation and gets arrested for a DUI, the state does not have to convict that person of the DUI in order to prove that they violated probation. The state would only need to show the judge that there was probable cause for the new arrest in order to pursue the violation of probation. Therefore, those that are arrested for a DUI while on probation are often left in a vulnerable place because the state only needs to show probable cause for the arrest.
Often the best defense strategy is to mitigate the penalty for the violation of probation by arguing for the defendant going back on probation so that the defense attorney can then focus efforts on the defense of the DUI charge. In some cases, the defendant will be required to serve the maximum remaining jail sentence or be put back on probation with even more restrictions than originally. This is all up to the judge to decide.
While on probation, there are certain conditions that could be imposed. These conditions might include substance abuse treatment, random drug or alcohol tests, maintaining contact with the probation officer, and notifying the officer of any arrests. Violating these conditions will result in consequences. If you are on probation and have been arrested for a DUI, you will need an attorney who has worked with probation hearings and DUI defense. Contact Lady DUI today for a consultation with an attorney.