Whether you should tell your probation officer about a new arrest is something your Georgia DUI Lawyer cannot tell you. Technically, as an officer of the court, I would be forced to inform you that you should tell your probation officer about a new DUI arrest or any other violation.
The first thing you should know is when a person does not inform his or her probation officer of a new arrest, it will become a further violation of probation. It is a condition of probation to notify your P.O. of any new arrests or traffic tickets.
That being said, I am well-aware that a good majority of my clients choose not to tell their probation officer. My job is to tell you what will happen in each situation so that you can make an informed decision.
What Happens When You Do Not Tell Your Probation Officer About a New Arrest:
If the probation officer never finds out about the arrest, you will complete your probation as scheduled. Once the term of the probation expires, there is no longer a risk of revocation. Note, being placed on non-reporting probation does not mean your probation has expired. If your probation officer learns of the new arrest, he or she will still issue a warrant for your arrest.
Alternatively, your probation officer may already know you have been re-arrested. He or she will still ask you, waiting for your response. As stated above, failure to admit a violation of probation is an additional violation. Since your probation officer already knows, in this example, it is likely they will already have a signed warrant for your arrest
When you are caught lying to your probation officer, he or she will be much more punitive in their sentencing recommendation for the violation. Your Georgia Probation Violation Attorney will do his or her best to get you out of jail as soon as possible.
What Happens When You Tell Your Probation Officer About a New Arrest:
Many probation officers will appreciate your honesty. If the violation is not serious, an extrajudicial penalty (such as more community service) can be added to your sentence. Thus, you would not have to attend a new court date or be arrested.
If the violation is serious, such as being arrested for a new DUI, then the probation officer will seek an arrest warrant. However, when you are honest with the probation officer, they are more likely to work with you insofar as negotiating a more reasonable punishment. Also, when you have a good relationship with your probation officer, they may delay submitting the warrant for you to get your affairs in order. Finally, some will even allow your Georgia Probation Violation Lawyer to set up a "walk-in" hearing instead of issuing a warrant.
As an attorney, I cannot advise someone to break the terms of his or her sentence. However, we are here to help you if you have a Georgia Probation Violation. Call us today to talk it over, and let us help you come up with the best solution.