Steven Foster, a former Democratic candidate for Congress, was charged with driving under the influence in 2018. This left him to run his campaign from inside a jail cell, something he was discouraged from doing both by the Georgia Democratic Party and journalists from his hometown newspaper. To no one's surprise, Foster lost the race by a landslide. The day he lost the election was the day he was released from jail. Now, though, he's back inside a cell for violating the terms of his probation. Foster was arrested in April for failing to attend his court-ordered DUI courses. Foster was denied bond.
In today's blog, I'm going to outline the different types of probation violations and the potential punishments you could face.
Probation Violation in Cobb County
As a Cobb County DUI Attorney, I've helped many of my clients avoid jail time by instead receiving a probation period. The requirements of these probation periods vary and can be anywhere from a few months to several years. A judge in a DUI case may issue a period of probation and impose restrictions and conditions on the violator, such as “no use of alcohol.” Probation often comes with community service, fines, and court-ordered alcohol education programs. If you fail to complete any of these requirements, you may find yourself serving the remainder of your probation period in a jail cell.
In Georgia, there are a few different categories of probation violations:
- A Technical Condition Violation occurs when the offender fails to meet the technical requirements of their probation. This includes the failure to pay fines or fees, leaving the jurisdiction, or failing to report to their probation officer.
- A Special Condition Violation means that an offender has failed to comply with a specific requirement of their probation. An example of a Special Condition Violation is failing to attend court-mandated classes or programs assigned to you.
- A Substantive Violation occurs when an offender commits another crime or violates a law during their probation period.
Any of the above violations could result in some significant penalties. These penalties might be additional fines, additional community service requirements, mandatory counseling, additional restrictions or conditions imposed, an extension of your probation period, or even jail time. Though all of the violations are serious, the one with the most severe penalties is a Substantive Violation. The punishment for a Substantive Violation depends on whether the crime committed was a misdemeanor or a felony. A misdemeanor crime may result in two years of probation being converted to two years of jail time. A felony crime, however, could result in the remainder of the probation period being revoked in its entirety, leading the offender to serve the remainder in jail.
A DUI in Cobb County is a serious offense. Cobb County DUI Penalties are life-changing. Furthermore, violation of the resulting probation is even more serious. If you are facing a charge of violation of probation, you need to speak with an experienced Cobb County DUI lawyer today. Any of the qualified attorneys at The Law Offices of Richard S. Lawson will be happy to talk with you. Give our office a call.