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What happens when you violate your probation

On Behalf of | Jun 1, 2023 | White Collar Crimes

When you are convicted of a crime, probation may be one of the penalties. Depending on the type the court orders, your probation may involve imprisonment or not. Regardless of the option, you will have conditions to observe, including when to be home, paying fees, not committing a crime and so on. Failure to comply by even one may constitute a violation of your probation.

Should this happen, your probation officer is required to take you to court. Here is what to expect during your hearing.

Submission of evidence 

The prosecution will provide evidence that you didn’t satisfy your probation terms, so you should go back to jail, or the judge should add more conditions to your probation. 

Contrarily, you and your team will provide evidence that shows either you didn’t violate the terms or the action was necessary, for instance, you ran a bit late because you took someone to the hospital. Therefore, it will help to get legal guidance to defend yourself.

An order from the judge

The judge will listen to both sides before giving a verdict. You may receive a warning, additional conditions to your probation or the judge may revoke your probation. Although most people believe violating probation terms means returning to jail or being on house arrest, this is not always the case. The judge will consider different factors before determining whether you should be imprisoned.

How can you avoid violating your probation?

Of course, violating your probation may be a mistake. However, you can avoid it. Consider having a loved one who reminds you to pay fees, calls to ensure you are home by the set hour and so on.

If you are accused of violating your probation, you may need to get legal guidance to avoid significant consequences.