Former Congressional Candidate Arrested for Violation of Probation in DeKalb

Last year, Steven Foster was convicted of a DUI in Dekalb County and was subsequently put on probation. More recently, he is back in jail. Steven Foster is a former Democratic candidate for Congress – his DUI left him to run his campaign from a jail cell.

Though Foster was urged by Georgia democratic party officials and even his hometown newspaper to step down from the congressional race, Foster remained on the ballot. Unsurprisingly, Foster was beaten in a landslide by Tom Graves on the same day Foster was released from jail. With only 36 days left on his probation, Foster was arrested for violating his probation by refusing to comply with attending a court-ordered DUI class.

Jail records show that Foster was arrested in April and remained in jail without bond.

As a Dekalb County DUI Attorney, I know that a DUI conviction often includes a period of probation. A probation sentence will be given by a judge in lieu of jail time but can be predicated on restrictions and conditions such as “no use of alcohol” and can last anywhere from a few months to several years. Probation requirements for these DUI convictions frequently include court-ordered alcohol education programs, fines, and community service. Failure to complete these requirements may lead to a stint in jail, just like Steven Foster.

There are several categories of probation violation in Dekalb County.  A technical condition violation means that you have failed to meet one or more of the technical requirements of your probation – this can be failing to pay fines or fees, failing to report to your probation officer, or even leaving the jurisdiction. Next, a special condition violation occurs when you fail to meet a specific requirement of your probation, such as failing to attend court-mandated courses or programs assigned to you. Finally, a substantive violation happens when you violated a law or committed another crime while on probation.

All three of these violations will result in penalties. These could include mandatory counseling, additional fines, additional community services, further restrictive condition, and even an extension of your probation term. The most severe violation, though, is substantive. Punishment for a substantive violation depends on the crime that you have committed. If the crime was a misdemeanor, two years of your probation could be revoked, requiring you to serve those years in jail. A felony charge while on probation, however, will result in the revocation of the remainder of your entire probation, leading to you spending the entirety of your remaining probation period in jail.

Practice Note

A DUI in Dekalb County is a serious crime, and violating the resulting probation is even more serious. If you or a loved one have been arrested during your probation period, it is crucial that you contact a qualified Dekalb County DUI Lawyer today. Give our office a call today.