Probation is a type of sentencing that allows those who have been convicted of a crime to receive a somewhat lenient penalty, or it can be used as one part of a jail sentence for more serious crimes. Probation is sometimes given to first-time offenders, or those who have committed non-violent crimes. In some cases, jail time can be completely avoided with a sentence of probation.
It is important to note, however, that probation is not your opportunity to go free after a conviction. There are rules that might restrict your movements depending on the nature of your offense. You might be required to attend a specific number of hours of treatment programs, serve community service hours and you are often required to either show up in person to meet with your probation officer, or call in on specified days and times.
The restrictions placed upon you are serious. Probation is a community supervision program that allows you to avoid jail, but it involves your strict adherence to the rules and conditions of your probation.
Probation violations and the consequences
You violate probation when you break the conditions of your probation. The actions that violate probation will vary with each individual and they will depend on the terms of their probation. Some typical examples of probation violation include:
- Possessing a firearm
- Failing to appear at a meeting with your probation officer
- Failing to serve your community service hours
- Failing a drug test
- Leaving the restricted area specified in the conditions of your probation
- Associating with known criminals
What happens when you have violated your probation?
The consequences for violating your probation depends largely on the violation. Your probation officer has considerable discretion, so they can issue you a warning, or report you to the court where you will be called to face a probation violation hearing. Depending on how long you have served on probation, your record with that officer, and the severity and type of violation you committed, the probation officer can suggest a penalty for the violation, which may include jail time.
The consequences for violating probation are serious. You may end up serving the punishment that you might have originally received for the original offense. You could get reinstatement of the original terms of your probation, more time on probation with even more strict conditions, time served or jail or prison time, which could be the maximum jail time for your original charge.
We know it can be frustrating to have someone watching your every move, but violating your probation can land you in hot water. It’s a crime, which means you’ll want a skilled Franklin criminal defense attorney representing you if you have been charged with violating the terms of your probation.
The Law Offices of Adrian H. Altshuler & Associates is here to help. Since 1991, our team of skilled defense lawyers in Franklin, Columbia and Brentwood have helped uphold the rights of the accused, and sought justice on their behalf. To learn more about our services, or to schedule a consultation, please call 615-977-9370 or fill out our contact form.
Updated: February 2017