Probation violation is an offense that happens when you breach the terms or conditions of your probation. The consequences vary on a case by case basis. Many things can affect the penalties you receive for violating the terms of your probation such as the type of violation or whether or not you have any prior violations.
There are many ways in which you can violate your probation. Some of them are not attending a court hearing, not attending a probation check in, not paying your fines, traveling out of state without getting permission from your probation officer, using drugs or alcohol, committing another crime, or getting arrested. Once you have violated your probation, it is up to your probation officer how to proceed. Sometimes you may simply get a warning but other times you may have to appear in court and receive further penalties. If you have to appear in court, a judge will listen to your case. The judge will determine whether or not you did violate your probation. The burden of proof rests with a prosecuting attorney, just like in a regular court case. You can receive a variety of penalties for violating your probation including extra probation time, stricter probation terms and conditions, jail time, community service, rehab, and monetary fines. The penalties you receive are decided by the judge and may depend on the severity of the offense as well as whether or not you are a repeat offender.
You have many legal rights if you have violated your probation and it is important to hire a criminal defense lawyer to make sure your rights are not violated and that you receive fair treatment. Your rights include being heard by a judge, receiving written notice of the violations you are being charged with, the right to have a criminal defense lawyer, and the right to have evidence presented on your behalf in court.
Violating your probation can be a serious offense, but the right criminal defense lawyer can help you out. Kyle will take the time to fully understand your case and will take the time and effort to get the best outcome possible for you.
