What to Know About Probation Violations
If you commit a crime, you don’t always have to go to jail. Instead, you may be put on probation. Probation is an alternative to incarceration. It allows a person to serve their sentence in the community.
Probation is often granted for less serious offenses, such as misdemeanors. It may also be given to first-time offenders and non-violent felony offenders. Probation can vary in length depending on the severity of the crime as well as the offender’s criminal record. Probation can last anywhere from six months to a lifetime.
During probation, the offender must meet certain conditions such as:
- Performing community service.
- Paying restitution to victims.
- Abstaining from alcohol and drugs.
- Random drug testing.
- Avoiding certain people.
- Not leaving the general area.
- Reporting directly to the probation officer on a regular basis.
If the offender fails to meet the conditions of probation, it can be revoked, and the offender may be sentenced to jail time. Common probation violations include:
- Failure to report: Not reporting to a probation officer as scheduled.
- New criminal offenses: Committing another crime while on probation.
- Failure to attend required programs: Missing court-mandated programs like counseling, treatment, or education sessions.
- Failure to pay fines: Not fulfilling financial obligations ordered by the court.
- Traveling without permission: Leaving the jurisdiction without prior approval.
- Possession of prohibited items: Having drugs, weapons, or other restricted items.
- Violating curfew: Being outside the designated location during prohibited hours.
What Happens If I Violate Probation?
If you fail to follow the terms of your probation, the probation officer will file a report with the court. A judge will determine if the violation occurred and decide the consequences. You will have the right to present evidence or argue against the allegations. Based on the hearing, the judge may impose penalties or revoke probation. A skilled lawyer is essential in defending an alleged probation violation.
You could face various penalties such as:
- Warning: Minor violations may result in a warning from the probation officer.
- Modification of probation terms: You may be given additional conditions, such as stricter monitoring or mandatory programs.
- Fines or penalties: Additional financial obligations may be imposed.
- Community service: You may be given increased hours or new assignments.
- Probation revocation: The court may revoke probation, leading to jail or prison time.
- Arrest: A warrant may be issued if the violation is severe.
Because of this, if you are accused of a probation violation, it’s crucial to seek legal representation. A lawyer can help:
- Defend against allegations.
- Argue for leniency.
- Request alternatives to incarceration, such as extended probation.
Contact Us Today
Being on probation is not always easy. There are guidelines that you need to abide by and many things are prohibited.
Violating probation can land you in legal hot water. You could end up in jail or prison. Protect yourself with help from the experienced Fort Myers criminal defense lawyers at Hollander & Hanuka. We strive to get you the best results. For the best outcome, schedule a consultation today. Give us a call at 239-332-3300.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0948/Sections/0948.06.html
