Tuesday, May 10, 2011

Boise Criminal Attorney - Criminal Defense Lawyer in Boise - Effect of Probation or Parole Violation

Boise Criminal Attorney, Criminal Defense Lawyer in Boise, Idaho call (208) 472-2383.  Criminal Defense, DUI, felony, misdemeanor all crimes in Idaho.

I think one of the most frequent phone conversations Boise Criminal Attorneys have is in regard to probation or parole violation.  In general, when you are convicted of a crime or plead guilty to a crime in Idaho, you are placed on probation or parole.  A violation occurs when an individual does something which is in violation of the terms of the probation or the parole.

First, let me explain the difference between probation and parole.  Probation refers to a temporary period after which you have been convicted of a misdemeanor and often have done jail time or been given probation in lieu of jail time.  You may be instructed to commit no further crime or to complete some court required program.  Parole refers to a temporary period after which you have been released from prison.  It involves a felony conviction and is a condition of release.  Parole often requires that the individual stay out of trouble, commit no further crime and often requires that they complete a court ordered program.  When parole or probation occur due to a crime involving alcohol, like a DUI, the parole or probation will require that there is no intake of alcohol by the individual and they will be routinely monitored to ensure compliance.

So, when you receive a parole violation or a probation violation, it means that you have not completed a required condition or you have done something in violation of the conditions of your release or plea.  Boise Criminal Lawyers see this often.  If an individual commits a crime while on probation or parole, they then have two criminal charges that now need to be dealt with.  Those charges can be either felony, misdemeanor or both.

As a Boise Criminal Lawyer I try to explain the slippery slope of probation and parole.  These conditions are awarded for good behavior or mitigation circumstances, but if you don't comply with the terms the hammers come down upon you.  Take for example a probation agreement for a DUI.  If it is your first time DUI, your Boise Criminal Attorney will explain your sentence to you which most likely will include a fine and jail time, part or all of which is suspended.  If you get a subsequent DUI, any of the jail time that was suspended will be reimposed upon you.  Now, not only do you have to serve the new jail time for the second time DUI, but you will also be ordered to serve the remaining jail time fro the original DUI charge.

If you have been convicted of a crime in Idaho or have received a probation or parole violation and need to speak to a Boise Criminal Lawyer, please call (208) 472-2383

1 comment:

  1. Thanks for very interesting post.
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