Legal Guide

What happens if I violate my probation?

Being put on probation means that you have been given the opportunity to remain in your community instead of going to jail. The court has issued certain rules and conditions that you must follow, and you will have the supervision of a probation officer.

What are some of the most common conditions anyone must satisfy while on probation?

Typically, conditions include:

  • Regular meetings with your probation officer
  • Performing a certain number of hours of community service
  • Abstaining from consuming illegal drugs
  • Refraining from drinking alcohol in excess
  • Keeping away from certain places
  • Not being able to travel out of state without permission of your probation officer
  • Avoiding certain people
  • Being physically present in court at requested times

How long will I have to be on probation?

Each state has different guidelines when it comes to probation periods. However, in general terms, probation tends to last between one and three years. Although depending on the type of conviction, it may extend even longer.

What is considered a violation of probation?

You must be perfectly mindful of the limits of your circumstances stemming from being placed on probation. If your probation officer becomes aware you have committed a potential violation, they have the discretion to decide whether to issue you a warning or mandate that you attend a probation violation hearing.

What will happen if I violate my probation?

Your probation officer will report the violation and you will be arrested. Your lawyer can go with you when you have to appear in court. At that time, the judge will have to decide whether to revoke your probation or reinstate it.

The end result in either case will be:

  • For reinstatement – You will have to meet the terms of your probation
  • For revocation – You will have to go to jail and serve the rest of your sentence

Is there any way for you to beat a probation violation?

You should be grateful to have received probation instead of having to go to jail. To keep your good standing with your probation officer, you should try to adhere to all the rules and conditions that go along with your probation. You will probably experience your probation as something that is not easy, and as something that interferes with your daily life in many unexpected ways.

However, if for some reason you have violated probation you should take the necessary step to avail yourself of an experienced criminal defense lawyer that has the knowledge and expertise to beat a probation violation accusation.

What happens at the probation violation hearing?

At that point, the prosecution will try to prove that you have violated at least one condition of your probation. They will only need to prove it by what is called a “preponderance of evidence”, meaning that it is more likely than not that you did violate your probation.

This is when having an aggressive criminal defense lawyer can make all the difference. They will have the opportunity to argue on your behalf and present evidence that you did not violate probation.

If you have been accused of violating your probation, it is very important that you talk to a seasoned criminal defense attorney from the Florida Criminal Defense Legal Group, PLLC. Explain to them what has happened and let them prepare the best strategy to beat your probation violation hearing.

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