Whenever you are convicted of a crime, you are going to be sentenced to fines and possibly jail time. However, that is not all. Most of the time, you will also be put on probation. The amount of time that you are on probation will depend on what crime you were convicted of.
So, what does it mean if you are on probation?
When you are on probation, you are going to be expected to meet with your probation officer on a regular basis to make sure that you are not committing a similar crime to the one that you were convicted of.
Each probation comes with their own terms and conditions which you are going to be expected to follow for your entire probation period.
What happens if you violate your probation?
If you are caught violating your probation, you will find yourself back in front of the judge that sentenced you. You may lose your probation, and you could end up back in jail (especially if you didn’t fill your full sentence). If that doesn’t happen, you may find yourself on probation for an even longer period of time.
What defenses could I use in court?
Your lawyer will want to talk to you about some defenses that you might try when you end up back in court. Here are some common defenses that are used:
You have a good reason that you weren’t able to meet with your probation officer.
Most probation officers expect you to show up for your meetings, no matter what. If you were late or didn’t show up because you couldn’t find a ride, they don’t care. However, if you were hospitalized or incarcerated, you really weren’t able to meet with him or her.
The dates were wrong.
There are times when the courts will make an error. If an error was made, you might be able to get your probation dropped or even the length of time can be shortened.
There are times when you can’t afford to pay your fines.
If you are struggling with your finances due to no fault of your own, you may be able to talk your way out of a probation violation.
This is highly subjective. If you are still buying other things that you don’t need like alcohol or a new cell phone, you are probably not going to be able to use this excuse.
If you have a restraining order, the victim could be the one who comes to see you.
If you have been doing your best to stay away from the alleged victim, yet he or she continues to contact you (or try to see you), you may have a solid case. However, you are going to need records to be able to prove this.
The test came back as a false positive.
Many people on probation are required to test for drugs and alcohol and a positive test can send you right back to jail for a probation violation. However, we all know that certain foods can change the results, making you not guilty. For this reason, you can always ask for another test, which will come back negative.
If you violate your probation, you can get into a lot of legal trouble. You are required to stay out of trouble for a certain amount of time. You also have to meet with a probation officer regularly, no matter what.
If you violate your probation, you could be facing more time in jail, extra fines, and an even longer probation period. For this reason, you should consult your lawyer to decide how to proceed.
You may have a good reason why you did what you did. The drug and alcohol test could have been a false positive. You might have been in the hospital so you were unable to meet with your probation officer. You may also violate a restraining order because the victim tried to contact you.
Contact us for all of your legal needs. We will help you get through this difficult time.
DISCLAIMER: The information contained in this article does not constitute an attorney-client relationship. Please contact attorney Kirk Anderson for an initial consultation.