What Happens if I Violate Probation?
If you have been found guilty of committing a crime, then a few things could happen. You may go to jail or you could be put on probation.
Probation is a court-ordered sanction that rules that a person can stay in their community, but a probation officer is going to have to supervise them. This will allow the convicted person to remain out of jail, which is a big relief.
The terms of probation vary depending on your charges. They could include:
- Going to counseling
- Mandatory drug testing
- Performing community service
- Restrictions on weapons
- Paying fines
The probation officer who is assigned to you may do things like:
- Determine if you pose any risks
- Administer drug tests to ensure you have not been drinking or doing drugs
- Overseeing your rehabilitation
- Monitor you to ensure you’re following the court orders
- Guarantee you have access to services you need in order to succeed
- Visit you at your home
- Make sure you’re staying within the specified jurisdiction
- Search your home and car if your officer suspects you are involved in criminal activity
- Ensure you’re fulfilling your obligation to pay child support and/or alimony
- Come up with reports and recommendations that will be submitted to the court
At any time, if you do not meet the terms of your probation, then you would be violating them. And if you’re wondering what happens if you violate probation, there could be a range of consequences.
What will happen if you violate probation?
You would be violating probation any time you did not follow the terms of your probation. For instance, if you took a drug test and it came back positive or you traveled outside of your jurisdiction without permission from your probation officer, then you could get into trouble. Allegedly committing a crime while on probation or just getting arrested is going to violate your probation.
If what you did was indeed a probation violation in Louisiana, you may be sent to jail. If it’s a minor violation, the court may just give you a summons that you need to appear at your revocation hearing on a certain date. In the end, if your probation ends up being revoked, you could end up serving more jail time.
Other penalties could occur, such as:
- Getting a warning
- Adding more terms to your probation
- Being sent to a court-approved rehabilitation center
- Prolonging your probation
It all depends on the circumstances surrounding your case and what exactly happened.
What Will Happen at Your Revocation Hearing
When your revocation hearing occurs, the court is going to need to prove that you violated the terms of your probation. The burden of proof in the revocation proceeding is not beyond a reasonable doubt, but much closer to a preponderance of the evidence standard. Essentially, if it is inferred that you likely violated your probation, then you will be subject to discipline by the judge.
How to Avoid Violating Probation
Now that you know what happens if you violate probation, you’re likely worried that you may accidentally commit a violation. By being proactive about your probation, you will have much less of a chance of violating it and you won’t have to stress.
To avoid probation, you could be in touch with your probation officer and ask that you’re doing everything properly. Make them aware that you’re just trying to do what’s right and you’re serious about hopefully getting off probation soon, leading a productive life, and making a positive contribution to society.
If you get a new job or you need to move, tell your probation officer. There could be restrictions on where you can go, and it’s best to explain your intentions before making any bold moves.
Remember to stay organized and keep track of when your required classes or counseling sessions are, if you’re supposed to partake in them. Also, be on time to any community service obligations you have. Even though they’re unpaid, you could be making a big difference in your neighborhood.
Also, it’s highly critical to keep all your legal paperwork up to date. For instance, if you have a license, a car registration, or car insurance, make sure you renew them on time.
Above all else, follow the law, even when it comes to minor things. Don’t speed when driving or blow through stop signs, and if an officer pulls you over, follow all of their instructions. You know that if you commit an alleged crime, you could be thrown in jail, and that could have devastating consequences on your life.
Getting Help from a Lawyer for a Probation Violation
Since not much evidence is needed in order to prove a probation violation, it’s recommended that you hire a lawyer to help you, like Lake Charles criminal defense lawyers The Johnson Firm. Your lawyer will be by your side at your revocation hearing and help you formulate a defense against the alleged violation that occurred.
For instance, perhaps you have an alibi that shows you were not in a certain place at a certain time when an alleged crime took place, or if you didn’t show up to a community service meeting, it’s because you had an important work meeting that day and you forgot to try and reschedule. In the latter case, a lawyer may advise you to admit what you did wrong in the hopes of gaining a judge’s sympathy and getting off with lesser consequences.
Getting a lawyer means investing in your future. If you’re wondering what happens if you violate probation and you’re anxious about the possible penalties you’re about to face, then get in touch with The Johnson Firm today for a consultation. We’ll work hard for you so that you can move on from the alleged violation and get back on track as soon as possible.