It is a common misconception that if a person is caught violating the terms of their probation, they will automatically get sent to jail. While this is certainly a possible consequence of probation violation, it is not a given. Keep reading to learn more about what can happen if a person violates probation. Remember that if you are accused of this, you do have a right to an attorney. Contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation.
Situations in Which You Are Least Likely to Go to Jail for Violating Probation
A judge can revoke your probation – i.e., send you back to jail to serve the rest of your sentence – for any probation violation at all. However, there are some situations in which they are much less likely to do so. If any of the following is true, then you are at a lower possible chance of being sent back to prison:
- The violation was just a technical violation, or was minor
- The underlying offense was a minor offense, such as any misdemeanor and certain non-violent felonies such as minor drug crimes
- The probationer had not ever violated their probation in the past
- The probationer was otherwise on track to complete their probation without incident
Once again, the judge can still send a person back to jail even if all of the above is true.
You Can Be Found in Violation of Your Probation for Many Different Actions
Remember that you must abide by every single condition of your probation. If you do not, then you can have your probation revoked. Some of the conditions that could be put onto your probation include refraining from further criminal activity, staying away from criminal associates, checking in with the judge or probation officer, not leaving the region without approval, not using drugs or alcohol, paying restitution to the victim(s) of the crime, random drug tests, using an IID, and performing community service.
As you can see, some of these terms are more serious than others. If you fail a drug test after being convicted of a drug crime, this is likely to be considered a severe probation violation. However, if you miss an appointment with your probation officer because you had a flat tire and have the towing receipts to prove it, you have technically violated probation. Still, you are much less likely to face serious consequences.
The Original Crime is a Factor
Keep in mind that as the judge decides how to respond to a probation violation, one of the factors they will take into consideration is the original crime for which you were convicted. If you were convicted of petty theft, they are less likely to revoke your probation than if you were convicted of trafficking guns.