Probation is a program allowing defendants who plead guilty or are convicted of crimes to serve all or part of their sentences outside of jail or prison. The courts and probation officers take probation very seriously. A person on probation must comply with any rules and regulations assigned to them to remain outside of jail or prison.
A probation violation occurs any time a person ignores, avoids, refuses, or otherwise breaks the terms or conditions of their probation at any time during their probation period. The typical probation period is one to three years, but probation can last several years depending on the original crime.
While each person’s probation contains terms specific to their situation, some terms are typical to every probation. This leads to common probation violations, including, but not limited to:
If a person violates their probation, the probation officer can either warn that person or request the court file a petition to revoke probation. This is a formal document detailing when, where, and how a probation violation or violations took place. Any proven probation violation may result in jail or prison time.
Probation violation hearings are different than traditional criminal trials. They afford far fewer rights to a defendant, including the right to a speedy trial by one’s peers. These hearings also allow hearsay evidence meaning testimony about what another person said to a witness or parole officer.
If found not guilty by the judge of any probation violation, the defendant is released and returned to probation. If, however, the court finds the defendant guilty, there is a sentencing hearing shortly after the probation revocation hearing.
The judge may order any of the following at a probation revocation sentencing:
The most common sentence is jail or prison time. However, no penalty may exceed statutory maximums.
If you face probation violation charges or fear you are in the future, contact Attorney Younglove right away. Attorney Younglove is an experienced criminal defense attorney who will defend and protect your legal rights before and during a probation revocation hearing or any other criminal matter.
Attorney Younglove will start your case right away to afford you the best chance for a positive outcome. Do not hesitate to reach out to Younglove Law.