What happens if I violate the terms of my probation? Will I go to jail automatically?
The probation violation is a violation that is committed when you did not meet the terms or conditions of the probation. The consequences associated with a probation violation usually depend on many factors, such as the nature and seriousness of the violation, the fact of having or not having prior violations, and if there are other circumstances that may lessen (or worsen) the severity of the situation. The violation of the probation may result in penalizacione s severe, including substantial fines, an extension of the period of probation, jail time or other.
How do you violate probation?
The laws of a probation violation vary from state to state and are governed by federal and state laws. Generally, a probation violation occurs when you ignore, avoid, refuse or fail to comply in any other way the terms or conditions of the probation at any time during the conditional period. Probation usually lasts one to three years, but may last for several years depending on the offense, original.
Probation can be violated in many ways. Among the circumstances that can lead to a probation violation include:
- no-show to a scheduled appointment in court at a specific date and time;
- not to check in with their official freedom with some extra at the time or place as scheduled;
- don’t pay any fines or repairs as indicated (to victims) as ordered by the court;
- visiting certain people or places, or traveling out of state without the permission of his probation officer;
- possession, use or sale of illegal drugs;
- committing other crimes or offences; and
- be arrested for another violation, whether criminal or not.
What happens after a violation of probation?
There is No fixed rule about what should happen immediately after you reported a violation of probation. Probation officers can use their discretion and issue a warning or tell you to appear in court for a hearing for violation of probation. To decide this, a probation officer may consider the severity and the type of condition that was violated, the violations or warnings past in relation to probation and other factors. If you are asked to be present in the court, the probation officer will indicate some form of penalty, which may include the penalty of jail.
Determination of a probation violation
During a parole hearing, the judge who issued the judgment to hear the facts of the case to determine if you have violated any term or condition of his freedom. The prosecutor must prove that a violation has occurred, supported by a standard of “preponderance of the evidence” or, with a probability of more than 50 percent. Among the factors a judge may consider include the nature, type and seriousness of the alleged violation, as well as the history of prior violations, and other aggravating or mitigating circumstances.
If you are found guilty of a probation violation, the sentence will be issued shortly after the parole hearing. At this time, the court may extend your probation, impose new terms, order that enforcement of a sentence of prison or revoke your probation altogether and order that meets all of the remaining time of your original sentence in prison. Among the factors the judge may consider in determining your sentence may include the nature and form of the infringement and if this is the first time or is recurrent, among other considerations.
Legal rights in a parole hearing
If you face charges of violating your probation, it is important to know your legal rights to minimize or avoid penalties and additional consequences. Usually, you have the right to: (1) receive a written notice of the alleged violation on its part, (2) have a hearing in court with a neutral judge, (3) be represented by an attorney, and (4) to present evidence and witnesses to support their case or to refute the evidence against you. A local attorney or other legal advisor can help you understand the rights that attend to him during a parole hearing in your specific state.
Penalties and punishment for violating probation
The judges have the freedom to use their discretion and impose jail sentences or other penalties for probation violations, within the maximum limits of the specific statute of the state. Some of the penalties mild for probation violations, which include the obligation to provide services to the community, to attend rehabilitation, “correctional facilities” or other programs intended to correct the behavior. Other harsher penalties include payment of fines or reparations (monetary penalties paid to victims) is considerable, or go to jail for a brief period. The judge can also revoke your probation altogether and ordering him to comply with the remaining term of his original sentence in prison.
The probation violation is a serious offense that occurs when a person avoids or fails to comply with any of the terms or conditions of his freedom. When you violate those terms, the person who is on probation must face consequences and penalties, including the possibility of adding more terms to your probation, substantial fines, the revocation of parole or, more importantly, to go to jail.
With a violation of probation, a qualified attorney is necessary. FindLaw can help you find the best attorney in your city.