Criminal Defense Attorney
So, your probation has been violated and you are terrified that you will be sent to jail. When you are placed on probation there are specific conditions that you must abide by to ensure that you are not violated. The penalties that you face will depend on the factors of your violation and history. Violation penalties can vary from fines to jail time, so it is wise to understand and respect the terms of your probation. It is understandable that things happen, and violations are sometimes impossible to avoid.
Much like any other criminal offense, what constitutes a probation violation varies from state to state. Any type of refusal or avoidance or the terms of the probation result in an automatic violation of your probation, even if you genuinely forget to abide.
There are several ways one may violate their probation, such as:
- – Failure to appear in court
- – Failure to report to your probation officer when expected
- – Failure to pay ordered fines
- – Fleeing the county or state without consulting with your probation officer
- – Being in the presence of certain people that you were told to avoid, without consulting with your probation officer
- – Any commission of a crime
- – Being in the possession of drugs or weapons illegally, in any capacity
- – Being arrested
Depending on the extent of the violation, it is ultimately the decision of the probation officer as far as what happens once your probation has been violated. Some officers issue warning, while in many cases, it is out of there hands. For example, you are arrested for the commission of a crime. It is very likely that jail time may be given to the violator.
Much like any other criminal case, a judge will review the factors of your violation to determine punishment or sentencing. If you are found guilty of the violation you are at risk of having your probation extended or revocation of your probation so that you may serve the remainder or your time in police custody.
It is very beneficial to understand your rights when facing a probation violation charge, so it is best to have a criminal defense attorney in your corner to review the details of your case and fight for the best possible outcome. Probation violation are serious offenses, seeing as though probation is often times seen as a chance to do the right thing. If you or someone you know has been violated, speak with a skilled criminal defense attorney Atlanta, GA relies on as soon as possible to discuss his or her options.
Thanks to Andrew R. Lynch, P.C. for their insight into criminal defense and probation violations.