What can happen if I do not satisfy all the terms of my probation for a DWI conviction?
Full Question:
Answer:
Probation and parole violations are serious offenses that often result in harsh penalties such as community service, heavy fines, extended jail time, and more. The consequences associated with a parole or probation violation usually depends on a number of factors, including prior convictions and/or parole violations.
If a probation officer believes parole has been violated, he or she may petition the court for a revocation of the probation.
A post conviction probation revocation is a separate proceeding independent from the original criminal charge. A probation revocation proceeding may be initiated by either an arrest warrant
charging a defendant with violating conditions of probation, or by a summons to appear
and answer a charge of violation or threatened violation. La.C.Cr.P. art. 899(A)1.
Under La.C.Cr.P. art. 2092, a summons may be issued instead of an arrest warrant, if there is reasonable ground to believe that the person against whom the complaint is made will appear upon the summons.
With regard to the duration of the probation, it may have been stated at the time of sentencing.
Under La. C. Cr. P. art. 893(A), a court, after a first or second
conviction of a noncapital felony, may suspend, in whole or in part, the
imposition or execution of either or both sentences, where suspension is
allowed under the law, and in either or both cases place the defendant on
probation under the supervision of the division of probation and parole.
However, the statute further provides that the period of probation shall be
specified and shall not be less than one year nor more than five years. If the
probationary period is not specified and is indeterminate, the sentence
imposed should be vacated and the case remanded in accordance with La. C. Cr. P. art. 893. State v. Sedlock, 2004-564 (La. App. 3d Cir. 9/29/04), 882
So. 2d 1278.
If the probation duration was not specified, it may be necessary for the court to re-sentence.
Due to the long term effect of an outstanding conviction for DWI, you may wish to consult with a local attorney experienced with post conviction matters.