If you are lucky enough to receive probation in place of jail or prison, it is in your best interest to follow your terms, strictly. Probation occurs when a person is found guilty, or pleads guilty, of a criminal offense. Probation releases an offender from detention for a testing period, a time of observation. The offender is often observed for good behavior, ultimately determining whether they can continue with probation or if they are due for more serious consequences, such as jail or prison. The probation and terms of probation is issued by the court and usually ranges from 1 to 3 years.
There are numerous ways in which a person may violate their probation terms. The most common violations are:
- Failure to show up for a probation meeting
- Failure to receive proper permission for leaving the state
- Failing a drug test
- Failure to pay fines related to criminal case
- Failure to complete court-ordered community service
- Failure to complete court-ordered education
- Failure to comply with court orders related to their criminal case
- Committing a new crime during current probation
While some of these violations may not seem drastic, they are, ultimately, a breach of trust between the court and the offender. Probation is meant to be somewhat of a second chance for criminal offenders. If they are to break that trust, or violate their probation, then the court has the right to implement alternate punishment. Some of the consequences of violating terms of one’s probation may include:
- Immediate revocation of probation
- Reinstated jail or prison time
- Fines and fees
- A new criminal case, in the event that a new crime has been committed
Being charged with violating probation does not mean that you are immediately found guilty. There may be a mistake or misunderstanding that lead to your violation, in which case it would be best to have an experienced attorney on your side. Jarrett J. Benson can help you fight your probation violation case. If you are being charged for violating any terms of your probation, know that your legal rights include the following:
- The right to an attorney
- The right to a fair trial in court
- The right to receive written notice of the violations allegedly committed
- The right to present evidence to prove your case
Favorably resolving a probation violation case can make a huge difference in a person’s life. One misstep or mistake in the system can mean jail or prison time. At the Law Offices of Jarrett J. Benson we have you and your family’s best interests in mind. We know how distressing a criminal case can be on a person – emotionally, mentally, even physically. If you believe you have been wrongfully accused of probation violation, seek the representation and guidance from our experienced team of attorneys under Jarrett J. Benson.