Peter Blair | March 23, 2017 | Probation
When you are convicted of a crime, sometimes the court will instill probation. Probation is a type of supervision that acts as an alternative to jail time. When you are under probation, you must follow the requirements set by the judge or else you will receive a consequence known as a probation violation.
Different Terms of Probation
When you are sentenced to a crime, the judge will usually set conditions to your probation. These conditions will depend upon a variety of factors such as the type of crime, criminal history, or risk to the community. For instance, what is you break the law again while you are on probation? You may also have to report to your probation officer, attend classes or treatment, and follow a no-contact order if there was a victim in your case. Depending on your crime, the judge may set very specific conditions in which you must follow.
Consequences of Violating Probation
When you commit a probation violation, it will probably not be long before the probation officer finds out. The prosecuting attorney submits a motion to revoke probation at this point, and the judge might issue a warrant against you. A hearing will be pursued and the judge will agree to certain consequences. It is much easier to prove a probation violation than a criminal law violation because the standard of proof is lower. If the judge in your case determines that a violation actually occurred, they can issue some of the punishment held back from the original sentencing.
You may find that many crimes have mandatory minimum sanctions for probation violations, and others will be at the discretion of the judge. Because there are many complicated factors in this process, you must have an experienced attorney on your side. Call us today for more information on how we can help you.