Adapting to a life on probation can sometimes be met with denial or obstinate behavior. Yet, when obstinance or denial leads to behavior that violates your court order of probation, you could find yourself in hot water with the courts. Probation can last anywhere from one to three years, or longer depending on the severity of the crime; as time goes on, following probation orders can become challenging. Things often arise in the life of a probationer that cause a defendant to break probation.
The Definition of a Probate Violation
When the court orders probation after a conviction, there are rules to follow.
These rules can include:
- Periodic scheduled court appearances
- Reporting to a probation officer at scheduled dates and times
- Arrangements for payment of court-ordered fines and/or restitution
- Abstinence from using, possessing, or selling illegal drugs
- Staying out of trouble with the law
- Steering clear of certain people or places
- Following court orders regarding travel.
Anytime any of these or other court orders are not followed, are ignored, or are refused, a probation violation offense is committed. You could experience one or more consequences. The courts will decide what the consequence should be based on any former violations, the nature and seriousness of the violation, and whether something occurred to affect the violation. A violation could result in significant penalties such as fines, longer probation, or jail time.
Probation violations are serious. In our American judicial system, probation is meant to accomplish three things. First, the process is hoped to rehabilitate the person convicted through accountability and monitoring. Another purpose is to help shield the public from additional criminal conduct from the defendant. And finally, probation is meant to protect the victim's rights. When the defendant fails to follow the probationary rules set forth by the courts, judges do not respond favorably.
Get Legal Help if You Violated Probation
You could be facing severe consequences that might impact your work, your family, and your pocketbook. You need good advice on how to preserve your rights and fight the consequences ahead. This is not a time to sit tight and wait. Contact an experienced criminal defense attorney to assist you in this process. Without legal help, you could be facing a longer probation for violating your probation or worse, time behind bars. The judge could revoke your probation and instead order jail time. To revoke a defendant's probation, the court must notify the probationer of the proposed revocation. A hearing is then held and the probationer can testify to fight the revocation. The probationer also has the right to have his or her case heard by a neutral hearing panel and is owed a written statement comprising the reasons for the revocation if approved.
Get help today. Steve Karimi, a former prosecutor, has been a successful prosecutor for many years. Today, he defends everyday people and can help you get the best results from your probation violation. Contact Karimi Law Office today either online or at 206-621-8777 to schedule your consultation.