How a probation violation could result in jail time
The consequences of violating probation could be disastrous, even resulting in extended jail time. Probation enables the person involved to avoid being sent to jail, providing they follow a set of strict conditions as part of their agreement.
Failure to follow the guidelines laid out will result in penalization in a number of ways. Therefore, if you are accused of violating your probation, you are certainly going to need to enlist the expertise of a probation violation defense lawyer.
What exactly constitutes a probation violation?
The first thing you need to know is what could cause you to violate your probation. This way you can be knowledgeable about your situation, whether it is an alleged violation or not. Having all of the correct facts is the best way to proceed with your case.
Reports have stated that it is usually minor offences, such as missing a curfew or an appointment that account for most probation violations.
It can also depend on the crime committed as to what the terms of the probation may be. For example, it may be you were required to pay a fine by a certain time due to the crime committed and did not. Therefore, you would then technically be in violation.
The majority of violations are considered to be what is known as technical violations. Other violations may include not showing up for drug tests or not abstaining from alcohol use.
Some forms of probation will also involve the supervision of those conditionally released. There are various forms of supervision, including standard supervision, informal supervision and home detention, which can all carry conditions relating to probation too.
What happens if you are found to be in violation?
On being accused of violating their probation, a defendant may be required to appear at a hearing. You will then hear a judge’s decision on whether you have been found guilty or not guilty of breaking the terms of your probation.
If you are found guilty, then there are several consequences that you could potentially face. The first of these could be a lengthening of your probationary period, which means you could face starting your original probation duration all over again, rather than just seeing out the remainder you had left.
Another outcome could be that you have your probation revoked and the original jail sentence imposed. This would mean that your entitlement to probation is lost and you are sent to jail for the length of time that was originally stated when the judge ordered you to have a period of probation instead.
However, if the judge decides to take the violation to the most extreme consequence, they might decide to revoke your probation and sentence you with the maximum jail time. So, if your original sentence before probation was a minimum period, the outcome of breaking your probation conditions could be that this is also revoked and replaced with the maximum.
Make sure you give your best defense at a hearing
So, now that you know what you are facing when it comes to a probation violation, you need to give yourself the best shot at a more favorable outcome.
Seeking free advice from a specialist probation violation defense lawyer will put you in the best possible position at your hearing. It is your opportunity to present your evidence to the court of your credibility and your side of the story, just as in any court case.
By having an experienced lawyer at your side to present your case strongly will help you have the consequences reduced drastically or even removed entirely.
comments powered by Disqus