Probation is an alternative to jail time. It allows individuals to serve their sentence in the community as long as they follow the conditions imposed by the court. Probation conditions are important because they are created to protect the public and ensure probationers are rehabilitated.
In some instances, probationers may violate one or more of the conditions of their probation, leading to several potential consequences. Here is an overview of common probation violations, their consequences, and how to handle a probation violation for the best outcome.
Common Probation Violations
Probation violations are grouped into two categories: technical violations and substantive violations. Technical violations include missing appointments, drug tests, and curfews. Substantive violations include new criminal charges and contact with victims.
Technical violations
- Failure to report: not showing up to scheduled appointments with the probation office or court
- Failure to pay: not paying fines or restitution ordered by the court
- Positive drug tests: failing a drug or alcohol test
- Failure to attend programs: failing to attend or complete a court-ordered program(s)
- Traveling out of state: traveling out of state without permission from the probation officer
Substantive violations
- Contacting victims: having any form of contact with victims associated with your case
- Committing new crimes: committing a new crime while on probation
Consequences of Probation Violation
There are many potential consequences for violating probation, including:
- Jail time: individuals who violate probation may be required to serve the remainder of their original sentence
- Increased probation terms: the court may choose to extend probation time or add more conditions
- Fines: violating probation may result in the offender paying significant fines
- Restitution: offenders may be required by the court to pay restitution to compensate victims
- Community service: the offender may be required to take part in community service
- Revocation of probation and sentencing: the judge may decide to revoke probation altogether and sentence the offender
How to Handle a Probation Violation
If you’ve been accused of violating probation, seeking legal counsel as soon as possible is vital. A lawyer can help you understand your rights and represent you in court. Moreover, an experienced lawyer can negotiate with the prosecution to give you lighter penalties or an alternate sentencing.
Probation Hearing
A probation hearing is similar to a non-jury trial. During a probation violation hearing, the judge listens to both parties and decides based on the evidence presented. In this instance, a lawyer will build a strong case with one or more defenses to give you the most favorable outcome.
Potential Defenses
Here are a few potential defenses to a probation violation charge:
- Proving you didn’t violate probation: If you did not violate your probation, your defense may be to convince the judge that your probation officer is wrong by providing proof that you remained in compliance.
- Providing documentation: If you failed to report for a probation meeting, you can submit sufficient documentation, such as being hospitalized.
- Providing prescription documentation: If you tested positive for drugs because of a medical issue, you can give a prescription and physician documentation.
Expert Probation Defense
Have you been accused of violating your probation? Violating probation can lead to many consequences, such as increased jail time, a change in probation terms, fines, and more. Once a person is accused of violating their probation, it’s time to seek the assistance of an experienced lawyer familiar with probation violations.
The Law Offices of Richard Wunsch is your expert probation defense attorney. We work diligently to build the best case to give you the outcome you deserve. Contact us today to see how we can provide support in your case.
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