Probation Violation

Is Probation a Possible Sentence For A Criminal Offense?

In some cases, yes probation is a possible sentence. However, there are many factors that influence whether a person will receive a probationary sentence. What will influence the government to make a probation offer or what will influence a Judge to grant probation, often depends upon the person’s prior criminal history and convictions, the nature and severity of the crime, the person’s proactive behaviors in rehabilitating him/herself, the victim’s statements, and how truly remorseful the person feels.

Probation can include any combination of terms and conditions as follows:

  • Alcohol Monitoring Unit (SCRAM).

  • Community service.

    • Global Position Satellite Monitoring (GPS).

  • In-home detention.

  • No new criminal charges.

  • No supervision.

  • Random urine or breath tests.

  • Restraining Order can remain in effect.

  • Supervision.

  • Treatment programs.

  • Up to 90 days jail plus a period of probation.

  • Work crew.

  • Work release.

What Happens If I Am Placed On Probation?

After being sentenced, defendant on supervised probation will ordinarily meet with his probation officer monthly, and at times more frequently. Sometimes, a defendant will be allowed to report by phone. This usually happens in cases where a defendant has been on probation without any problems for a long time, but his probation officer still wants periodic information on his activities.

During probation, a probationer may have to permission from his probation officer before moving or changing jobs. He may also be prevented from leaving the state without his probation officer's permission. After a probationer has paid off his fines and other court assessments, and has completed other requirements of his probation (such as community service), a probation officer will sometimes consider an early discharge from probation. However, most probationers complete their entire terms of probation.

At the end of a probationary period, a defendant will be asked to report to the Court that he complied with all of the terms of probation imposed by the Court and his record will be checked for any criminal activity he may have been charged with during his probationary sentence.

What Happens If I "Violate" My Probation?

A probation officer has the discretion to give a probationer a warning or to file a complaint with the Court alleging he violated the terms and conditions of his sentence. If a complaint is filed you will be required to appear for a hearing before the sentencing Judge. If the complaint is based upon filing of new charges against you, most likely your revocation hearing will be put on hold until after the new criminal case is resolved.

If you go to a hearing, the prosecutor must prove by a preponderance of the evidence (“more likely than not”) that you violated the terms of your probation. If it is proven that one or more violations occurred, the prosecutor and the probation officer will generally recommend additional punishment, usually involving jail-time. There have been many cases where a person's probation was violated for engaging in new criminal activity, despite the fact that he was acquitted of the new charge, or was in fact never charged with a new offense.

REMAIN SILENT!

DO NOT Answer Any Probation or Police Questions.

DO NOT Write Out A Statement.

DO NOT Lie.

If a Complaint for Revocation has been filed against you, do not wait, protect your rights and call

THE WALKER LAW FIRM, P.C.