Cruse led police on a chase in his vehicle. His fleeing or attempting to elude police officers in Georgia ended behind the Gilmer Emergency Room. He then abandoned his vehicle and allegedly ran off into the woods.
As a Georgia DUI Lawyer, I will outline the original offense that Cruse has been accused of which is violation of probation.
Probation Violation in Georgia
Probation Violation in Georgia is best explained by first outlining the different kinds of conditions of probation.
The following are the first type of probation conditions that are imposed in criminal cases in Georgia - also known as general conditions:
- Do not violate the laws of any governmental unit;
- Avoid injurious and vicious habits especially alcoholic intoxication and narcotics and other dangerous drugs unless prescribed lawfully;
- Avoid persons or places of disreputable or harmful character;
- Report to the probation supervisor as directed and permit such supervisor to visit you at home or elsewhere;
- Work faithfully at suitable employment insofar as may be possible;
- Do not change your present place of abode, move outside the jurisdiction of the Court, or leave the State for any period without prior permission of the probation supervisor; Support your legal dependents to the best of your ability.
On top of the general conditions - there are also special conditions - the second type of probation conditions. These can include:
- Attend risk reduction course (DUI school);
- Attend a defensive driving school;
- Attend a Mothers Against Drunk Driving (MADD) Victim Impact Panel;
- Submit to a substance abuse evaluation and follow any treatment that is recommended;
- Be evaluated for anger and violence, deviant behavior, sexual deviancy and/or other special needs counseling and following any treatment that is recommended pursuant to the evaluation;
- Pay any fines and/or restitution as directed by the court or your probation officer;
- Perform a certain number of hours of community service hours;
- Pay monthly probation supervision fees;
- Avoid contact or violence with certain named people or entry into certain prohibited places;
- Do not drink any alcohol or take any drugs without a prescription;
- Submit to random drug and alcohol tests at your own expense as directed by probation.
There are a few different ways that an individual can violate the conditions of their probation.
First, you can violate by a technical violation. This occurs when you fail to follow one of the general rules of probation such as failing to report to the probation officer. The maximum punishment for a technical violation is a revocation of up to 2 years of your probation term to serve in jail.
Second, you can violate by violating one of the special conditions. These can include not attending the required defensive driving course or performing community service. The maximum penalty for violating a special condition of probation is to revoke the full balance of the probation term. Therefore, the rest of the term will have to served in jail.
Third, you can violate by committing new offenses. New crimes are often treated more harshly than probation violations for technical offenses.
Even if you are complying with the probation rules, committing a misdemeanor during your probation period will be a violation. You could face a penalty of 2 years of the probation term being revoked and having to serve those years in jail. If you commit a felony during your probation period, you will have to serve the rest of your probation term in jail.