My friend was charged with a DUI on 02/08/2016, but it was amended to reckless driving, with one year of unsupervised probation and the completion of VASAP, on 7/21/2016. On 11/29/16 he was charged with another DUI however he was not found guilty until 08/11/2017. He is currently in jail for the second sentence that he plead guilty for (40 days in jail, completion of the VASAP program, with 3 years probation), at this point he had already finished the VASAP program for the first sentence and did not get in trouble again since 11/29/2016. He has court again, just days before his sentence for the DUI is over, for violation of probation for the reckless driving charge. His public defender said he will have to spend 98 days in jail for violating probation. Can he legally get the violation of probation dismissed since he wasn't found guilty until after his probation was over? (This occurred in two different counties, the reckless driving and violation of probation are for Arlington County and the DUI in fairfax county). I'm thinking it makes sense to go by the dates he was found guilty rather than the dates he was arrested since his probations don't begin until he is found guilty.
Faraji Allen RosenthallCriminal Defense AttorneyFairfax, VA ·
Your argument makes sense, but unfortunately that is not the way it works. He was required to be of good behavior starting the day of his first conviction. Any trouble, even after his arrest, but before the suspended time restriction was imposed is irrelevant. He has to not do anything illegal for one year from that date.
Similarly, the date of the actual conviction for the subsequent offense is irrelevant. Once he was found guilty, whenever that occurs, there is now a legal finding that he did something illegal on the date of offense. If that date of offense, the date that he is now found guilty of breaking the law, occurred during the year, then it can be the basis of a violation.
Robert Stuart HahnPersonal Injury LawyerHarrisonburg, VA ·
The relevant date is the date of the offense and not the date of the conviction. Since he has an attorney, I would defer to him/her but based on the fact pattern that you set out in your post your friend has violated the terms of his probation.
It is the date of the offense/the date of the new arrest, not the conviction date, that is used to determine whether the person was of uniform good behavior during the required time. So yes, your friend is in violation of his probation.
