Violating your probation can be a serious offense. It can potentially result in returning to jail to serve out your time behind bars, instead of out in the free air adhering to the terms of your probation.
Unfortunately, a large number of offenders find themselves violating their probation. While the terms of probation can be quite strict, it is vital to adhere to them in order to successfully complete the term of your probation and avoid further jail time.
What many people don’t know is that a qualified lawyer can help you navigate the terms of your probation. In some situations, a lawyer may even be able to help get certain probation violations dismissed. The right lawyer can help represent you and your case on the best possible footing as you navigate your way through the probation system.
What Is A Probation Violation? What Types Of Probation Violations Are There?
A probation violation occurs any time you fail to adhere to the terms of your probation. This could involve failing to adhere to terms specific to your probation, or it could involve committing another crime.
Some of the most common probation violations include:
- Failure to appear in court
- Failure to meet with your probation officer at a scheduled meeting
- Failing to pay fines or restitution ordered by the court
- Traveling outside of the state without permission from your probation officer
- Visiting or conducting business with certain individuals
- Using any type of illegal drugs
- Getting arrested (for any reason)
- Committing other crimes not related to your probation
Your probation officer has the ability to decide on your punishment for a probation violation. They may issue a simple warning, or require you to come to court for a probation violation hearing.
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What Happens During A Probation Violation Hearing?
A probation violation hearing is similar to a normal court hearing. You are entitled to have an attorney to represent you at a probation violation hearing.
During a probation violation hearing, the prosecuting attorney will argue in front of a judge why you have violated your probation. Your lawyer may represent you in your defense and may present evidence and witnesses to argue your case.
What Are The Penalties For Violating Probation?
If the judge determines that you have violated your probation, you will be sentenced at the judge’s discretion. Sentencing can include fines, addition terms of probation, lengthening of your probation, jail time, or revocation of probation which requires you to serve the remainder of your jail sentence
Can A Probation Violation Be Dismissed?
Yes. With help from a qualified attorney, it is possible to get probation violations dismissed.
Your probation officer does not have the final say in probation violations. That falls to the judge who presides over your probation violation hearing. If the judge determines that you did not violate your probation, the probation violation will be dismissed and you will not suffer any additional penalties.
To have a probation violation dismissed, it is vital to have a strong legal defense and ample evidence that you did not violate your probation.
Speak with a Probation Violations Lawyer Today
Without a qualified attorney with experience in handling probation violations, the odds of having your probation violation dismissed are extremely low.
Because your probation violation hearing is initiated by your probation officer, without sufficient evidence to argue against the probation violation, judges will rarely dismiss a probation violation. This means that you need a strong legal argument in your favor to have any hope of getting the probation violation dismissed — the kind of legal argument which can only be mounted by an experienced attorney.
If you are facing any sort of probation violation, contact our experienced attorneys for a free consultation. Not only can we assist in the specific instance of a probation violation, but can also help you navigate the terms of your probation and improve your outcome.
probation violation faq
How long do you go to jail for a probation violation?
Not all probation violations result in jail time. The punishment for a probation violation will be based on the incident which caused the violation and its severity. In some cases, probation violations will result in additional jail time, or revocation of the probation requiring you to serve your jail sentence. If the probation violation does not result in jail time, it may mean longer probation time, additional fines, additional terms of probation, or other forms of punishment.
What happens if your probation is revoked?
If your probation is revoked, you will be required to serve all or part of your original jail sentence.
What do probation officers do?
A probation officer acts to ensure that you are complying with the terms of your probation. The probation officer will work to determine the best possible course of rehabilitation during the probation period. This can include ensuring compliance with things like job training or schooling, holding regular meetings, and supervising your progress throughout the course of your probation.
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