I warn every client, multiple times, about the perils of violating probation on a deferred judgment.
When the Court grants a deferred judgment, the defendant is making a promise to the Court not to violate the terms of probation. The Court becomes upset when this promise is broken.
The terms of probation are explained on the sentencing order. Depending on the offense, the defendant will be required to pay all fines, surcharges and costs, pay a supervision fee, complete community service, complete a substance abuse evaluation and recommended treatment and/or complete an approved drinking-drivers’ course.
The most perilous condition of probation, however, is to have no new law violations.
And for students living in Iowa City under the legal drinking age, a new law violation is a common way to lose the benefit of a deferred judgment.
While on a deferred judgment, a defendant is held to a different standard. He is under the microscope. His PAULA violation has much greater consequences than his friend that is not on probation.
For example, in a recent case of mine, a young man received a PAULA ticket within a few weeks of being granted a deferred judgment. His friends received the $330.00 fine and paid their tickets. My client paid the $330.00 fine and received four days in jail. And this was a break, considering the Court had the power to revoke the deferred judgment and sentence the young man to a greater period of time on the original charge.
Also, for a probation violation, there are very few legal defenses that can be used. Often times, the only way to approach the situation is to try and mitigate the punishment since it cannot be avoided altogether.
So please, make sure to avoid law violations if you are on a deferred judgment probation. There is little I can to once the violation occurs.