Violating probation is a breach of law, but doing so does not always result in jail time. The repercussions that come with violating your probation vary based on the severity of the violation. While more severe violations may result in jail time, other possible consequences include heavy fines, extension of the probation period and more.
Violation of Probation
If you are on probation, it is very important that you know the terms and conditions of your specific situation. Here are some of the most common ways some individuals violate their probation:
– Failing to appear at a scheduled court appearance
– Failing to report to an assigned probation officer at a scheduled time
– Not paying fines or restitutions that have been ordered by a court
– Visiting certain people or places, or traveling outside the area that a judge has confined one to without getting permission from a probation officer
– Failing to complete court-ordered community service or counseling
– Possessing, using or selling illegal drugs
– Getting arrested for another offense
Can You Violate Probation and Not Go to Jail?
Of course, some offenses are more serious than others. Depending on the situation and whether you violated probation for the first time or have violated your probation before, your probation officer may give you only a warning for a minor incident. If your probation officer decides the violation requires more than a warning, you may be ordered to appear in court for a probation violation hearing.
What Are My Rights at a Probation Hearing?
If you are required to appear in court for a probation violation hearing, it is important to know your legal rights to receive the best possible outcome. In most cases you will have the right to receive a written notice of the claims against you, be heard by an unbiased judge in court, be represented by a violation of probation attorney, and present evidence and witnesses to support your case.
Probation Violation Consequences
If a judge finds that you violated your probation, you may face the following the consequences:
– Additional time or requirements to your original probation
– A short amount of time in jail before continuing your probation
– The cancellation of your probation and jail for the amount of time required by the law
When to Call an Attorney
If you have violated your probation, a criminal defense lawyer can help you build a case to minimize additional penalties and jail time. Contact Proly, Laporte & Mulligan, P.A. today to have an experienced attorney fighting on your side.