LawFuel.com – When you break your probation’s terms and conditions that was ordered by the court, you commit probation violation. The consequences of a probation violation will vary based on prior violations, the nature of your violation and its seriousness and other factors that can worsen or lessen the seriousness of the violation. If you did not commit the violation and was blamed for the accused crime, you need to find a well experienced lawyer who can prove your innocence, or face the heavy fines, jail time and extended probation instead.
How You Can Violate Your Probation
In general, you commit a probation violation when you avoid, ignore, refuse or break your probation terms and conditions. Although the probation laws vary from state to state, the average probation duration is between one and three years, or even more depending on the offense committed.
You can violate your probation when you –
- Commit other crimes
- Use, process or sell illegal drugs
- Get arrested for a criminal or non criminal offense
- Do not appear in court for a scheduled appearance
- Do not report to your probation office as scheduled
- Visit certain places and people, or travel out of the state without getting any permission from your probation officer
- Do not pay the demanded fines to victims as ordered by the court
Be Well Informed About Your Legal Rights
While facing probation violation charges, you need to be well informed about your rights to help you avoid or minimize penalties. Always remember that you have the right to –
- Seek legal representation
- Receive written notice of your violation
- A hearing by a neutral judge in court
- Present witnesses and evidence to support your case and challenge evidence against you
Never neglect seeking legal help from a well experienced and reliable lawyer who has handled probation violation cases in the past successfully.
What Happens When You Violate Your Probation?
The following steps are the process that occurs right after you violate your probation.
Court Appearance Request
One a probation violation is reported, the assigned probation officer may either give you a warning or a court appearance request for a hearing. This will be determined by the probation office based on the condition and seriousness of the violation. If you are required to appear in court, you will be penalized trough fines and even jail time.
The Probation Violation Hearing
The presiding sentencing judge will hear your case out and determine if you had violated your probation terms and conditions. Proof of violation will have to be provided by the prosecutor and the judge will have to consider several factors such as the type, nature and seriousness of the claimed violation and the number of times you had violated it. Sadly, your history of probation violation, if any, will also be considered, including any aggregating circumstances.
If you are found guilty of violating your probation, you will be sentenced right after the hearing. The possible penalties will be subjected to the maximum limits of a state. These penalties may be –
- Probation extension
- Community service
- Attend rehabilitation
- Serve jail time
- Pay restitutions to victims
- Add probation terms
- Behavior management programs
- Revoke probation to serve jail time of your original sentence
Valerie Gordon is a freelance writer specializing in an array of legal topics. She offers information about court hearings, criminal offenses and probation violation. She also recommends the expert legal assistance of Action Legal Group to those who have been accused of probation violation.