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What happens if I Violate my Probation?

probation-1_180x120Ask an experienced criminal defense lawyer what exactly may happen if you have violated your probation. It is important to employ the knowledge of a skilled criminal defense lawyer or you might get trapped into something you don’t fully understand.

What is probation?

Probation is a sentence which may be imposed by a court in conjunction with prison time. If you have been convicted of a crime, you might be granted probation, when you only serve part of the sentence in prison, or maybe not at all, but you must follow specific regulations.

You will be under the supervision of a probation officer.

If you are on probation you may be required to:

  • Refrain from possession of firearms
  • Remain employed
  • Abide to a curfew
  • Live at a directed place
  • Obey the orders of the probation officer
  • Not leave the jurisdiction
  • Refrain from contact with the victims, potential victims, or known criminals
  • Wear an electronic tag
  • Submit to alcohol/drug testing
  • Perform community service work

Violation of Probation

In the event you violate probation, you may be subject to:

  • Imposing the maximum sentence
  • Adding conditions
  • Extending the duration
  • Increasing supervision
  • Placement in an intensive day program
  • Placement in electronically monitored home confinement program

Violation of Probation Defense

First, you must understand you have due process rights. You must have notice of the condition for which the violation is alleged. You must not be misled by rules that are unclear or subjective, which your Probation Officers may attach to the probation order or requirements.

Second, you must have an explanation of the warrant or affidavit of violation. It must be specific and all the terms must be clear. A trial court cannot find a violation of a Probationer for a term not explained within their probation order or alleged within the warrant or affidavit.

Third, have a criminal defense lawyer on your side to help you defend your case. An experience criminal defense lawyer is important to have in order to understand the potential consequences of your actions and what you can do to lessen the conditions.

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