Q: If I am on probation before a prior, separate charge has went to court. Will that violate that probation?
I was charged with violating family violence order an have yet to go to court for stalking charges. I got a dui 2 weeks later. I am just wondering about how the probation an the sentencing dynamic will play out after the dui sentencing. As well as any advice on "stalking by communication" I wasn't violent never cheated yelled or hit her. Most of the texts we me being sad. One or two spiteful. No way it was a "fear for your life" situation. Was close with her family. This is the first 2 things in my life I've been charged with. A DUI and The Stalking charges. I have my first offenders. I didnt take the first deal and am waiting to get another offer or a trial date. My dui however is sooner. Would love some advice.
A: If you are on probation for the DUI and that act was committed after the violation of the family violence order, then the prior offense cannot be used to violate your probation for the DUI. Generally, stalking must involve "harassing or intimidating" communications. If there is communication in violation of a no contact order, that is typically a misdemeanor; however, if in violating the protective order, your communications were harassing or threatening, it can be upgraded to the felony of aggravated stalking.
A: The hard and fast rules really do not apply here, as there is so much discretion while the facts are up in the air. The bar to "violate" probation is GA is extraordinarily low and your question leaves what your sentence is, currently, up in the air a bit. You need to meet with a lawyer who works in the specific jurisdiction you are in, and obtain their guidance. I can see some courts being very reasonable while some others may be absolutely horrible.
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