A probation violation occurs when you break the terms and conditions of your probation. It normally lasts 1 to 3 years but can be more depending on your original offense. The consequences of a probation violation depend a variety of factors, like the nature and seriousness of a violation, whether or not you have any prior violations, and any other circumstances that may lessen or worsen the severity of your situation. The laws governing a probation violation vary among states and are governed by federal and state law.
To begin with, there are 2 types of probation. If you are placed on Deferred Adjudication Community Supervision, also known as Deferred Probation, the court, at the original proceedings, made express findings of your guilt. Instead of entering a conviction, the court defers and places you under community supervision. The biggest advantage of deferred probation is that your conviction is not on your record. If it is violated, on the other hand, the court has the ability to use the full range of punishment allowed as applicable to your particular criminal offense. For example, you could not be sentenced to life in prison for a Class A misdemeanor. You are also entitled to have a bond set pending your resolution of your violation.
The other type of probation is called Judicial Community Supervision, also known as Straight Probation or Judicial Probation. If you are placed on this, you went to court and are found guilty of your crime and a sentence is enacted. However, the sentence is suspended and you are placed on Judicial Probation. If violated and your probation is revoked, the court is limited to the sentence imposed in your original hearing. The judge can lessen your sentence, but they cannot exceed it. Here, the judge also has sole discretion as to whether or not to issue a bond for your release pending the resolution of your violation.
Some examples of probation violations are not appearing at a scheduled court appearance, not reporting to your probation officer, not paying fines or restitution as ordered, visiting certain places or people or going out of state without your probation officer’s permission, possessing, using, or selling illegal drugs, and committing or getting arrested for another crime whether it was criminal or not. After you violate probation, there is a range of possible penalties. Your judge has broad discretion over what could happen. At the minimum, you could receive community service or be sent to rehab, “boot camps,” or other programs to correct your behavior. More serious punishments include large fines or restitutions, jail time, or your probation could be revoked and you serve the rest of your original sentence.
You have the right to receive written notice of your alleged violation, be heard by a neutral judge in court, present evidence and witnesses to support your case or refute evidence against you, and the right to have an attorney represent you. To help you through this you need to have an attorney on your side with years of experience. You’ll need The Law Office of Brian Corrigan. Call them at 214-762-6302 for help getting your life back.