Violation Of Probation
Violation of Probation: Know the Consequences
Penalties can be severe
Violation of probation is a criminal offense that is governed by federal and state law. Probation may be violated in several different ways and it is important to understand the terms of your probation and what is expected.
What is probation violation?
In simple terms, breaking the terms or conditions of your probation at any time during the probation period is considered a violation. This can occur from avoiding probation, ignoring or refusing the terms, or breaking the terms in any other way.
What are the consequences of violating probation?
The consequences associated with probation violation depend on a variety of factors. The nature and seriousness of the violation and whether or not you have any prior violations are taken into account. If there are other circumstances to consider, that can lessen the severity of the situation or these circumstances can work against you and worsen the situation. As a result of probation violation, you can be subject to heavy fines, extended probation, possible jail time, or more.
I violated probation. What happens next?
Once your parole violation is reported, a few different things may happen. There is no set procedure as to the next steps immediately following probation violation. Your probation officer has broad discretion as to how the situation is handled; you may receive a warning or you may be required to appear in court for a probation violation hearing. Your probation officer will take into consideration several aspects of your case in making this decision, such as the severity and type of probation violation and any past violations or warnings. If you receive a request to appear in court, your probation officer will request a penalty of some sort, which may potentially include jail time.
If you must appear in court for a probation hearing, a sentencing judge will hear your case. The judge will consider whether you violated any of the terms or conditions of your probation. As part of this determination, consideration may be given concerning the nature of the violation, the type and seriousness. The judge may also consider any history of prior probation violations and other aggregating or extenuating circumstances.
How does sentencing work?
If you are found guilty of probation violation, the next step is your sentencing, which will take place soon after the probation hearing. At sentencing, the court may choose to extend your probation, impose additional probation terms, order jail time, or take your probation away completely and instead require you to serve any remaining time of your original sentence in prison. Again, a judge may consider several factors in making this determination, such as whether this was your first offense or whether you are a repeat offender, and the nature and manner of the offense.
Probation violation is serious
Probation violation is a serious offense and the consequences can be severe. Do not take this situation lightly. Having a knowledgeable attorney by your side will improve your chances of a successful outcome. Our New Port Richey criminal defense lawyers have the knowledge and expertise necessary to protect your rights and devote every resource available to developing the best strategy for you. At Carlson, Meissner, Hart & Hayslett, P.A. we are dedicated to protecting your future and helping you get the second chance you deserve. Call today for a free consultation at 727-835-5537 or contact us online.