Forum Post: being arrested while on probation
Posted 13 years ago on Oct. 14, 2011, 12:11 a.m. EST by trythisathome
(1)
This content is user submitted and not an official statement
I feel very strongly about standing with you all tomorrow morning, but I'm on probation for a previous driving related offense. I know that if Im arrested I risk being in violation of my probation, any lawyers out there have any better perspective than I do on how a peaceful, protest related arrest (that is probably unjust, although possibly unarguable) would affect me?
If you are arrested, you may have your probation violated. If you are arrested for a crime (i.e. Resisting Arrest, not Disorderly Conduct), you will ALMOST CERTAINLY be violated.
A violation proceeding is like a criminal trial, except the burden of proof is lower. YOU DO NOT HAVE TO BE CONVICTED OF THE NEW CHARGE in order to get violated.
If you are violated, your Probation Officer will include any technical violations of your probation as well. So every time you were late to an appointment, forgot to call your P.O., tested dirty, etc will be brought up. So even if you are acquitted on the new arrest, there will be enough for the Court to find that you violated.
If the Court finds that you violated, it can re-sentence you up to the maximum incarceration for the original charge (the driving offense). This may be on top of any jail time for the new charge. The Judge may also restore you to Probation, but this will probably not happen if you P.O. isn't willing to take you back (so make nice with your P.O.).
If you are arrested, ASK FOR A LAWYER IMMEDIATELY. ASSERT YOUR RIGHT TO REMAIN SILENT (i.e. you have to say "I want a Lawyer and want to remain silent"). If you are arrested for a crime you will be fingerprinted, which will show the cops you are on Probation and will also cause an automatic alert to be sent to your P.O. by the State (so don't bet on her not finding out). Per the standard conditions of Probation, you MUST report any contact with the criminal justice system to your P.O. as soon as possible, you make sure you call her if you are arrested or cited. Again, if you are arrested for a crime, she will know about it, but you still have to tell her (and can be violated if you don't).
My advice: DO NOT GET CITED OR ARRESTED. As noble as the goals of the movement are, they are probably not worth you spending a year or more in jail. You can't serve the movement from Riker's Island.
/Criminal Defense Attorney
assuming the chance of arrest will be very high, correct?