Violating the terms of your probation is a serious offense that can come with heavy consequences, even if you’re a first-time violator. Not only do you face severe penalties, but you’re likely to harm the reputation you have with your local law enforcement. If you’ve violated your probation and have no idea what to do, we’ve put together a guide to what comes next.
You Could be Sent to Jail
Probation is granted as an alternative to jail time, and violating it might mean your probation will be revoked. If your probation is revoked, you’ll have to serve time in jail for your original sentence with no possibility of being bonded out. Even if this is your first time violating probation, you face the chance of being sent to jail for your offense. Whether or not you go to jail depends on a few factors, including the severity of your conviction and violation and the discretion of the judge.
Violating Felony and Misdemeanor Probation
If you violate the terms of a felony probation, it’s more likely you’ll be sent to jail. Felony probations aren’t granted as often, and they’re taken very seriously by the judge. If the judge believes your violation shows that you don’t want to change, they’re more likely to revoke your probation and sentence you to the original amount of jail time.
Whether or not you’ll face revocation of a misdemeanor probation depends on the severity of your conviction, but it’s generally less likely to happen. For minor misdemeanor probation, you’re more likely to be punished with extended probation and a warning of the consequences you’ll face if you violate again.
No matter the severity of your crime, failing to report to your probation officer will most likely result in revocation. Judges don’t take this violation lightly, and even a first-time failure to report can cost you your probation.
Minor Probation Violations
If you’ve only violated your probation in a minor way, like failing to complete community service hours or getting behind on court costs, you might face less severe consequences. The punishment for this violation might only be a fine or extended probation with a warning from your judge on the punishment you’ll receive if you do it again.
Challenging A Revocation
If you feel you’ve been wrongfully accused of violating your probation, you can challenge the judge’s decision to revoke your probation. Speak with your attorney about challenging the revocation and you’ll be able to get a hearing. At this hearing, the court will be required to produce evidence of your violation. If they can’t prove you violated your probation, the decision will be reversed and you’ll get your probation back.
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