Probation Violations

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Probation occurs when someone is found guilty of a crime, pleads guilty, or some type plea bargain is reached, but the individual is not required to serve some or all of the sentence in jail. In some cases an individual that did not commit a serious crime or someone that is not deemed to be a risk to others will be given probation and allowed to serve their sentence time living within their own community.

During that time they have to follow the probation rules and check with a probation officer as ordered.  Probation violations occur when those rules are broken or the individual commits another crime.

Probation Violation Penalties

Sentencing for probation violation charges will range from the individual having to pay additional fines through to having to complete the rest of the sentence in jail without the option for probation. In some situations the judge may impose additional regulations on the probation or may increase the contact with the probation officer while still allowing the individual to stay on probation.

Possible Penalties

  1. Fines
  2. Completion of the original sentence in jail
  3. Increased probation requirements

Probation Violation Sentencing

An attorney can help present mitigating factors to a judge to ensure that you receive the lowest possible sentence. In addition the judge will typically consider the nature of the Probation Violation and what, if any, steps have been taken prior to the hearing to correct the issue. The testimony of the probation officer will often be essential in determining what the judge imposes as the sentence for these types of cases. The first offense, if it is a minor violation, is typically not going to result in the same sentence as multiple offenses or continued violations.

Probation Violation And Legal Help

An experienced attorney may be able to work with the prosecuting attorney to develop a settlement prior to court. This may include electronic monitoring or more frequent contact with your probation officer to ensure compliance with the probation order. In addition the attorney will assist you in presenting your case, including factors that may have affected the probation violation. Since a possible outcome is jail time for the duration of the sentence, it is important to have legal support as soon as possible with these charges.

This article is provided for informational purposes only. If you need legal advice or representation,
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