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What you need to know about probation

On Behalf of | Dec 30, 2022 | Criminal Defense

If you are sentenced for a crime, you may be placed on probation either before or after incarceration or instead of incarceration. Probation can be supervised or unsupervised. Supervised probation allows you to remain out of jail, in the community but monitored by a probation officer. While you are on probation, you must follow specific rules known as conditions or terms of probation. Some terms of probation are universal and apply to everyone, such as the condition to obey all laws. Others are more specific and ordered on a case by case basis. You could be prosecuted and your probation could be revoked if you violate the terms of your probation.

Understanding what may happen if you violate your probation can help you understand the importance of adhering to all the rules and regulations set. Sometimes, you will receive a warning and get a chance to correct the behavior. However, if your probation officer writes a report for the violation, it will probably result in a formal violation being issued and filed with the court. The possible penalties for a technical violation are different and less punitive then the possible penalties for a non-technical violation. The final decision as to what penalty will be imposed is always up to the judge. 

Preventing a violation:

You must find out the specific terms of your probation to ensure you do not violate them. Some of the most common conditions include the following:

  • Holding a job
  • Abstaining from drug and alcohol use
  • Submitting to random urine analysis 
  • Meeting with your probation officer regularly
  • Obeying all laws
  • Staying away from a person(s) and/or place
  • Anger management
  • Mental health treatment
  • Addiction treatment
  • Community service

Potential penalties and the importance of hiring an attorney:

There is a wide range of penalties that could be imposed, depending on the violation committed. You could face significant fines and/or incarceration. Violating your probation is serious, and it is best to know your legal rights.  If you are accused of violating your probation, you should contact an experienced violation of probation attorney as soon as possible.