What Happens If I Violate My Probation?
Depending on your charges, a judge may sentence you to a term of probation. Probation is a conditional sentence, and if the conditions are not met by the offender, the probation may be revoked, thus leading to a number of consequences, including jail time.
During probation, an offender is put under the supervision of a probation officer. The probation officer keeps an eye on the offender, making sure that they are following orders, and notifies the court if those orders and conditions are not met.
During the probation period, the offender is required to follow conditions and orders. The offender is, of course, expected to stay out of trouble, follow all laws, abstain from drugs and alcohol, and follow every other guideline that the court has ordained.
However, despite working hard to follow the court ordered guidelines, you may find yourself in violation of your probation. If this happens, the consequences may vary from a simple warning to an extension in the probation period or even jail time. Your probation officer often has a lot of say when it comes to the consequences you face if you violate probation. The consequences are also dependent on the severity of your violation, or the gravity of the laws/rules broken.
If you have a record of good behavior and are violating the probation for the very first time, the probation officer may let you go with a mere warning. If you profusely apologize for the violation or explain that the violation occurred due to factors out of your control, your officer may exercise his/her discretion and issue a warning.
If the violation is more serious, you may be charged with a certain sum of punitive fines that you have to pay.
The probation officer may recommend you receive jail time for more serious violations.
Lengthened Probation Period
In cases of continuous bad behavior or violations of the probation, the court may review your probation period and extend it.
Revocation of Probation
If the violation is extreme and consistent, the court can evaluate your case and decide to revoke the probation altogether. This means that you will have to serve the rest of your sentence behind bars because you failed to respect the conditional sentence.
Probation Violation Hearing
The probation officer can notify the court and order the offender to attend a Probation Violation Hearing, where a judge will hear the case and decide the sentence for the offender.
The offender, in such hearings, is allowed to have a lawyer to defend them. He can choose to offer evidence and fight the case.
The Law offices of Daniela McCalla, LLC has criminal defense lawyers who are experienced in providing representation during probation violation hearings. If you need representation in court when the future of your sentence is being discussed in Atlanta, contact us.
Our criminal defense attorneys offer a free initial consultation and will guide you about the best possible routes to take in your probation violation hearing.