Probation is an alternative to jail, but it can carry hefty responsibilities. If you fail to comply with each of the terms of your probation, you could wind up back in court facing jail time and other penalties. When probation is violated, a probation officer will request a probation revocation hearing. A probation revocation hearing typically occurs before the same judge who issued the original sentence in your case. Following the probation revocation hearing, the judge will determine whether or not you’ve violated your probation and issue a penalty accordingly.
What is probation?
Often times, a judge will suspend either part or all of a jail sentence when pronouncing a sentence in a criminal case. Probation helps with jail and prison overcrowding by allowing a person convicted of a crime to serve a sentence without being confined. However, although you are allowed to return to your own home while on probation, you are still required to follow specific guidelines as established by the sentencing judge in your case. Your failure to meet each of these guidelines can result in jail time.
What constitutes a probation violation?
A probation sentence is accompanied by a list of terms and conditions that must be followed exactly in order for you to remain free from jail. A violation of even one of your probation terms could result in the revocation of your probation and land you in jail for the remainder of your sentence. Some typical probation violations include failing to check in with your probation officer, failing to appear in court, failing a mandatory drug test, refusing to submit to a mandatory drug test and committing a new crime while on probation.
Being sentenced to probation in lieu of jail time is a privilege, not a right. If you’re unable to keep your end of the deal by failing to comply with the specific terms of your probation sentence, you will likely find yourself behind bars as a consequence.
If you’re facing a probation revocation hearing, the experienced criminal defense attorneys of The Turner Firm can help reduce the consequences that you face. Call us today for a free assessment of your case!