If you have been convicted of a crime or plead guilty as part of a plea deal, you may be placed on probation. As part of the terms of your probation, you are given rules that you must follow and adhere to. If you do not follow those rules, you can be charged with a probation violation. If found guilty of the violation, you can be sent back to jail or have your probation extended. If you are facing a probation violation, you may have many questions. Here are a few of the questions you may have and the answers.
When Can You Be Charged With a Probation Violation?
The are many situations in which you can be charged with a probation violation. If you are arrested for new charges, you can be charged with a probation violation. Your probation officer can also take you into custody and arrest you for a probation violation. Lastly, you may be charged with a probation violation during a court hearing, most notably, a progress hearing.
Why Can You Be Charged With a Probation Violation?
You can be charged with a probation violation for violating the terms of your probation. The terms of probation can vary from person to person, based on the crimes that they are convicted of. For example, someone convicted of a drug-related crime may have to submit to drug testing and remain clean as part of their probation agreement. If you fail to submit to a test or your test comes back positive for drug use, you can be charged. Other common reasons you may be charged with a probation violation include not completing community services or drug and alcohol courses, not paying court related fees or fines, or being charged with a new crime while on probation.
How Can a Criminal Defense Attorney Help You With Probation Violations?
A criminal attorney can help you with a probation violation in many different ways. A criminal defense lawyer may be able to argue that you did not violate your probation or come up with a reasonable reason why you violated. An attorney may also be able to push the prosecutor or judge into a lesser penalty, rather than jail time, for a violation you did commit.
If you have been charged with a probation violation, you will want to hire a criminal defense lawyer as soon as possible. This gives them time to work on your case, helping to come up with defenses or reach an agreement to help keep you out of jail.