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  1. #1
    Join Date
    Nov 2011
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    1

    Default Caused an Accident While Drunk While on Parole

    My question involves criminal law for the state of: Texas
    My boyfriend is on probation had a alcohol abuse level crashed into a parked car in an apartment complex then into a brick concrete barier totaled both vehicles no one in the other vehicle and he goes to the hospital for busted eyelid, fractured eye socket and all information was handed to his probation officer on the incident....Will my boyfriend serve jail time this is his first time ioffense while on probation and was on the end of his probation sentence?...

  2. #2
    Join Date
    May 2011
    Location
    Illinois
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    1,376

    Default Re: Intoxicated and Cause an Accident

    There is a very good chance that he will. His probation sentence will more than likely be extended until this DUI case is disposed of. If he is guilty of the DUI, then the court is under no obligation to honor the probation sentence. He can easily go back to jail for the amount of jail/prison time that his original case carries.

  3. #3
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Intoxicated and Cause an Accident

    There's no need to extend probation to see how a DUI case turns out. Probation violations are decided on the basis of a preponderance of the evidence, and routinely are held well in advance of trial on a new criminal offense. It is possible to be convicted of a parole violation even after being acquitted of the new alleged crime that forms the basis of the probation violation.

    The nature of his prior record, conviction charge, amount of time remaining on parole, other problems he has had on parole, job, enrollment in school, etc., can all factor into what happens on a probation violation.

  4. #4
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,376

    Default Re: Intoxicated and Cause an Accident

    If a case is violated based on a allegation of a new offense, the judge usually continues the probation case in order to get updates on the subsequent offense. If I'm violating a case based off the new arrest and that arrest only, the violation is only as strong as what's keeping it in court. If the case goes away (sol'd, nolle'd etc...) the violation is usually withdrawn from the court as well. This particular case seems very cut and dry, but still.

    Also, the offender's court order stipulates no new offenses, no alcohol use, possibly substance abuse treatment and so on. The guy could be a choir boy for 23/24 months, screwed the whole thing up in the last month of probation and now has to answer to a mittimus date. Education, employment, social standing can come into play, but a new offense with this much damage can cut all of that short.

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Intoxicated and Cause an Accident

    The judge is actually involved at that level? In my experience (different state) the decision about how quickly to push forward with a probation violation proceeding rests with the probation department, and if they choose to proceed with violation proceedings things go very quickly once the case is submitted to the court. The prosecutors like it that way, also, as they have a lower burden of proof and, once the defendant pleads to or is convicted of the probation violation, the defendant often wants to quickly resolve the new criminal charge in order to maximize the benefit of concurrent sentencing (that is, they want any time in jail on the probation violation to count toward any time they're sentenced to serve on the new offense). Policies on probation violations, like so much else, can vary significantly by state and county....

  6. #6
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,376

    Default Re: Intoxicated and Cause an Accident

    The case is motioned through the Clerks, a hearing date is assigned for the sentencing judge's court room. The judge presides over the violation hearing. If there is no verdict on the subsequent offense at the time of the hearing date, the judge continues the violation until the susbsequent offense terminates. On a few occassions(usually one in which the subsequent offense is ongoing for 6-8 months,) the judge will find for the violation and impose an alternative sentence.

    FWIW, it becomes a pain because it clogs the judge's call as well as the PO's. You have to update the court memo at least once every 1-3 months on every condition(even the ones already met,) just because of the subsequent offense.

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