Many people who’ve been accused of violating their parole assume that their next stop is jail. While this may be the case, it isn’t always. If you are found to have failed to comply with the terms of your probation, then there are several ways the courts can handle it. Read on to learn more and then reach out to Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation.

The court has several options at their disposal

If you’re accused of or suspected of violating your probation, then you’ll be sent to a probation violation hearing. There the judge will go over the allegations and your criminal defense attorney will be able to argue for your defense. If the courts determine that you did violate one or more probation terms, then there could be significant consequences. The two main options the judge has are to:

1. Revoke your probation and impose a sentence for jail or prison.
2. Modify the terms of your probation.

For most people, the second option is preferable. The judge will take a number of things into consideration when making their decision. They’ll consider how serious the violation was (i.e., missing a curfew is likely seen as less serious than being caught committing another crime), your overall criminal history, any violations you’ve had on past probation, and what the probation department believes is the best course of action.

For their part, your criminal defense team will show evidence to the courts that you deserve a lighter punishment. They can do this by showing your good behavior overall. They can also present evidence that there were mitigating circumstances that led to the violation or that there are mitigation circumstances that should keep you out of jail.

It is possible that you’ll be sent to jail or prison if found guilty of violating probation

If the judge in your original criminal case suspended your sentence and instead put you on probation, then you could end up having that revoked and being sentenced to jail or prison. The judge will look at the terms of your probation and how serious your violation was. The worst case scenario is that they could revoke your probation entirely and give you the maximum allowed sentence for your initial crime you were convicted of.

There are alternatives to being sent to jail for prison violations

Thinking about being sent to prison for violating your parole may terrify you but the good news is that there are other options. A judge may instead simply extend the length of your probation. They may let you stay on probation with the same timeframe, but add new restrictions and / or stricter terms. For example, a judge could require you to meet with your probation officer more often, or may require drug and / or alcohol testing.

If you’ve been accused of violating parole then you need an attorney on your side. You need an attorney who can work to convince the judge to be lenient. Reach out to Law Office of Michael L. Fell at (949) 585-9055 to get started.