One of the last things you want is a Barrie probation violation. Impaired driving has severe consequences no matter where you are, and consulting with a DUI lawyer is the first step you need to take in ensuring you won’t be dealt the severest punishment possible.
If you’re currently facing a DUI probation violation in Barrie, Ontario, then you should know that it’s not just one of those things that you can brush off. Receiving a DUI in itself is a severe criminal act, let alone violating the probation orders afterward.
You should firstly know what kind of sentencing will be taking place for your impaired driving charge being filed against you. Again, getting a lawyer to help walk you through the process of understanding all of the legal jargon that all too often confuses people is the first thing you need to consider.
- The first sentence to take note of is that when a person commits a crime but isn’t actually given a conviction, there is what is known as a conditional discharge that can occur. If you’ve received a conditional discharge, you’ll typically be handed a bunch of different conditions that you have to abide by. If you don’t abide by the conditions, then you could end up being charged with other things. Conditional discharges will be attached to your criminal record for a total of three years after the probation order has been finished. One thing that some might find appealing after being sentenced with a conditional discharge is that you don’t have to worry about applying for a pardon after the three year period is over. You also won’t have to worry about having a criminal record afterward.
- The second sentence is known as an absolute discharge. It’s quite comparable to a conditional discharge, but the biggest difference between them is that no probation exists with the absolute discharge. This essentially means that you won’t have to worry about following a bunch of rules. An absolute discharge will remain on your record for a full year following the charge, and after that year, you won’t have a criminal record.
- A probation order is the third sentence to keep a note of. When you’re given a bunch of rules from the court following your charge, that’s known as a probation order. Probation orders typically have a certain amount of time that you must adhere to these strict rules. If you don’t adhere to all of the rules, then you could be facing additional fines and/or penalties.
There are as well a couple of other sentences that could land you with a criminal record. They include the risk of being imprisoned and facing a suspended discharge.
Barrie Probation Violation
Probation is basically a way for courts to supervise people after they commit a crime. Every single rule must be followed in a probation order. If all of the rules aren’t followed, then this is known as a breach of probation. A probation violation is an extreme offense. It shows that a criminal isn’t remorseful for their crime, but also that they cannot abide by the rules in the future. And ultimately, It means that you’re committing another crime in itself.
What Things Are Considered A Probation Violation?
There are a number of different things that could lead to a probation violation:
- Not appearing in court on the specified date and time.
- Having any alcohol or drugs in your possession if the probation order states that you shouldn’t have these things.
- Not attending programs specified by the court.
- Not upholding a peaceful lifestyle with people around you.
You don’t want to be going through these things alone. Let a DUI lawyer walk you through everything from start to finish.
What Are The Types Of Dui Charges?
- Driving impaired.
- DUI above 80MG.
- Not giving a breath sample.
- Care and control.
- Subsequent DUI offenses.
What Are The Consequences Of A DUI?
- Lifelong criminal record attached to your name.
- Having to serve jail time.
- Suspension of your driver’s license.
- Not being able to travel to places you’d like.
- Dealing with income loss.
Ways The Court Deals With Probation Violations
If you’ve been charged with a breach of probation, you can expect to be dealt with in a couple of different ways. The first way is that you could potentially be charged with a summary offense. The second is that you could be charged with an indictable offense. The third and probably most appealing option is that the charges could be dropped if there isn’t enough evidence to prove that you’re guilty.
Being Charged With Breaching Probation
Being charged with a DUI while you’re on probation is something that you just don’t want happening in the first place. Courts are a lot stricter on anyone who has repeated offenses for any crime. Committing the new offense will have a negative impact on your current offense, and the breach of probation will make it even worse. You’ll be facing numerous other consequences, and they will be severe. There are still ways to protect yourself if you get a good DUI lawyer that can try providing you with the best defense that they can muster up.
Finding an experienced lawyer that knows the ins and outs of the law in regard to DUI cases will ensure that you’ll be safeguarded against the worst possible outcome. If you have any questions at all regarding the charge, seeking out a lawyer will help you understand more clearly what you’re up against. Getting a good lawyer on your side will help you with the added stress and anxiety of facing a criminal charge on your own. You want to be protected when you’re facing the court system because they will charge you with the highest severity that they can for violating your DUI probation order.