Probation is designed to allow a person to avoid jail (or greatly reduce their time in jail) but it comes with many specific stipulations on what a person can and cannot do. If a person is on probation and violates the terms of said probation, they can face significant penalties. Keep reading to learn about these penalties, and then contact a criminal defense attorney who can help represent you at a probation violating hearing.
The Main Penalties a Judge May Issue for a Probation Violation
In most cases, the judge will have great leeway when determining the punishment for probation violation. This is one of the reasons that choosing the right attorney can help – they can work to show the judge why the consequences should be less significant.
The main penalties they may impose include revoking probation and sentencing the defendant back to prison for as long as their original sentence was, imposing tougher conditions for their probation, extending how long they are on probation, requiring counseling, or a combination of some of these penalties.
The Facts About Probation Hearings
If you are accused of violating your probation, you will be brought to the court for a probation hearing. This can also happen if you are accused of committing a new offense while on probation. The judge will determine if you will be released from custody or stay in custody, whether your probation will be terminated or revoked, and if so if you will go to jail or back on probation with tougher conditions.
Examples of Probation Conditions That Can Be Added
You may wonder: What type of probation conditions can a judge add? Some of the common conditions they add to misdemeanor probation violations include additional fines, group therapy, community service, employment, and following a restraining order. Felony probation violation conditions can also include additional meetings with your probation officer, payment of restitution, drug testing, and agreement to have your property searched without a warrant.
What to Do if You Are Facing a Probation Hearing
If you have been accused of violating your probation then the next step you should take is to contact a criminal defense attorney. We can look closely at your probation conditions and at the alleged action you took. We may work to show that you are not guilty of violating your probation at all. We may work to show that while you did violate your probation, the punishment should be minimal.
Whatever the outcome, you can count on it likely being better for you if you have an attorney on your side. To learn more about how we can help, contact Law Office of Michael L. Fell at (949) 585-9055 now for a free legal consultation.