When you are convicted of a crime and are sentenced to a probation, taking that seriously is very important to ensure that rules are not broken and potentially more severe sentences are imposed. Understanding the details of the probation is the first step to refraining from violating the terms of the probation. Are you supposed to stay within a certain city? Did you not show up to a hearing? Were you in possession of drugs? Did you commit another crime while under probation? Understanding what the rules are will help you protect yourself against further harm to your record. If you are in need of a criminal defense attorney to help you understand the terms of probation, or if you have violated your probation, contact The Law Office of Lisa Pelosi. Read on to learn more about what happens when a probation is violated.
How Probation is Violated
The laws regarding probation violation are determined by federal and state laws. Typically, breaking the terms of probation happens when you ignore, refuse, or avoid the conditions of the probation. Probation generally lasts anywhere from one to three years or more, but it varies depending on what the original offense was. Violating your probation can occur in various ways:
- Not showing to a scheduled court appearance set for a specific time.
- Not communicating with or reporting to a probation office at a specific time.
- Not paying fines.
- Leaving a given place or area. Traveling or visiting places that are not allowed without permission from your probation officer.
- If you are found in possession of drugs, or selling drugs.
- If you commit other offenses.
What Happens Next?
Warning or Request for Court Appearance
When a violation of probation is reported, there are no specific rules as to what happens. When you are sentenced to a probation, there is a probation office involved who you report to. When a violation occurs, it is up to the probation officer’s discretion as to what action should be taken. While it does depend on if there were past offenses committed, the probation officer might just issue a warning or require you to make a court appearance for a probation violation hearing. If that is the case, the office can request additional penalties to be enforced.
Probation Violation Hearing
At a probation hearing, you are given a chance to explain your case, and it needs to be determined if a violation actually occurred. A prosecuting attorney will need to prove a violation occurred with the given evidence. The judge will make a decision based on certain factors, such as the nature, type, and seriousness of the offense, history, and previous probation violations.
Sentencing
If it was determined that a probation violation occurred, the judge will then sentence you. Sentencing also depends on certain factors, such as if it was a first time or a repeat offense, and the seriousness of the offense. The judge may have the probation period extended, add additional terms to the probation, order jail time, or have you serve the remaining time of the original sentence in prison.
In many cases, when a probation officer sees that you are acting with good behavior and are trying to work towards a positive outcome, probation sentences can be reduced. It is also possible that checking in with your probation officer can be done without meeting in person, which will allow you more freedom. However, violating a probation sentence can have serious consequences. If you need help navigating the probation violation process and want the best possible outcome, contact The Law Office of Lisa Pelosi. With over 30 years as a criminal defense attorney, we can give you hope for a better outcome.
