As Jacksonville Violation of Probation Lawyers, we help people who have been accused of violating their probation for one reason or another. One of the main reasons someone will violate their probation is getting arrested for a new charge.
Lindsay Lohan, the actress, was caught in this very situation. While Lohan was on probation for Driving Under the Influence in Los Angeles, California, she was arrested for stealing a necklace. This was a misdemeanor theft charge. Lohan entered a “no contest” plea to the theft charge and was sentenced to 4 months in jail for the violation of the DUI probation along with court ordered community service. Lohan is expected to only serve a fraction of that sentence because of jail overcrowding in Las Angeles.
If Lohan was arrested for violation of DUI probation in Jacksonville, the outcome may have been different. When you are arrested for a new charge in Duval County while you are on any type of probation, you will automatically be violated. In order to sustain the violation of probation, the prosecutor would have to show that the police officer who arrested you for the new law violation had “probable cause” to arrest you. “Probable cause” means that more likely than not, you committed a crime. If that is shown in court, the judge could find you in violation even if the new charge dropped. If found in violation, the judge could sentence you to the maximum time punishable for the crime you were put on probation for in the first place. If you were on your first DUI probation in Jacksonville and were found in violation, the judge could sentence you up to six months in jail.
In Jacksonville, if you are sentenced to 120 days in jail, as Lohan was, you will serve most of that time. If you are well behaved in jail, you will get what is referred to as “gain time” In Duval County, you will “gain” 5 days per month you are sentenced. On a 4 month sentence, you will serve 100 days.