Posted in Criminal Defense on March 26, 2020
If you have been convicted of committing a crime, there is generally some form of punishment attached. This may include jail or prison time, but it also may include probation. Probation is the release of an offender from detention, subject to a period of supervision by law enforcement. Sometimes a person is released from incarceration into probation, and sometimes a person is given probation in lieu of incarceration. However, when an offender violates the terms of their probation, they can face serious consequences.
There are various ways that probation can be violated. In general, a probation violation occurs when an offender ignores, refuses, avoid, or otherwise breaks the terms and conditions of their probation. Some of the most common ways that probation is violated includes:
A violation may result in an immediate arrest by the probation officer. However, many probation officers may choose to give a warning to the person in violation instead of arresting them. State probation officers could request that a probation violator appears in court, at which time the probation officer will request a penalty.
When considering whether or not a violation of probation has occurred, and whether or not to revoke a person’s probation, a judge will follow a two-step process.
Judges have considerable leeway when determining punishment for probation violation cases. Some of the possible outcomes could include:
It is always a good idea to have an attorney by your side when you are facing the possibility of jail time or stringent probation terms and conditions. At the Law Offices of Graham Donath, APC, our qualified and experienced criminal defense attorneys will be ready to examine your entire case. We will stand by your side for every probation violation hearing and work to secure the best terms possible for your situation. You can contact us for a consultation on your case by clicking here or by calling as soon as possible.