Probation Violation – What to Anticipate?
Author : Rutan Law | Published On : 16 Apr 2021
Sometimes when people get convicted for a felony they are provided probation as a part of their term. It can be an appealing choice to jail, but, when the person violates any of the probation terms, they can confront stiff penalties.
The consequences of a probation violation can differ depending on various factors; for example, the violation nature, prior violations, prior warnings, and the violation severity itself. A probation violation can have considerable consequences like jail time, hefty fines, and extended probation.
When an individual is sentenced, a probation officer is appointed to handle their case. The person is accountable for watching the offender closely and ensuring that they are not violating any part of the probation terms. Offenders are required to maintain frequent visits with their officers and failing to do so will only result in a probation violation. This is one of the most common probation violation types.
Some Examples of Probation Violation
Typical probation violation examples include not attending a scheduled meeting with an officer, not appearing at a court appearance, not paying necessary court fines or compensation to a victim, moving out of state without prior approval from the officer, selling or possessing illegal drugs, committing more crimes and getting arrested.
Different Rules Apply To Different Situations
There is no fixed standard of what occurs after a violation of probation. The officer has a wide discretion as far as issuing warnings, or requiring the wrongdoer to appear in court for a violation hearing is concerned. When determining how to deal with a probation violation, the officer will take into account the violation nature, prior warnings that were issues amongst other things. When a wrongdoer is required to appear in court, their officer will ask for the penalization of the individual, which could involve going to jail.
Every person’s personal situation varies, thus, not all rules are identical. For instance, if someone was found guilty of driving under influence of alcohol, they might be expected to avoid drinking alcohol, while a person sentenced due to domestic violence might not be permitted to go back to the family or see the victim. Failing a drug or alcohol test might be a violation of probation as per the first example; making contact with the domestic abuse victim might be a violation of probation as the second example.
The sentencing judge at the hearing will determine whether or not a violation of probation occurred. It is up to the attorney of the prosecution to establish that a probation violation took place based on facts. This is a vital time for the alleged wrongdoer to appoint a legal representative.
Criminal Defense Attorney
A criminal defense attorney can help the offender avoid more sentencing. A qualified attorney might help persuade the judge in support of the offender and thereby avoid penalties. If not, the sentencing judge has the authority to cancel the probation and make the offender serve their remaining time in jail.
A criminal law attorney will ensure that the offender’s rights are protected all through the investigation, will look through the criminal justice system as soon as charges have been presented, and will object to the case against the offender at trial.