There are various reasons that a person could end up on probation, ranging from a plea deal worked out to avoid jail time to a condition upon release from incarceration. Whatever the reason, we know that violating the terms of your probation can lead to serious consequences.
At the SMT Legal, we want to help. Our knowledgeable and experienced team will work with you when you need a probation violation attorney. The terms and conditions of probation can be stringent and a violation should not always mean new charges.
What Can Happen?
Many people think that they can take probation lightly, but that is not true. Probation is a form of punishment and is assigned only when a person has been found guilty of a crime. Some people are put on probation in lieu of jail time while others are placed on probation upon release from jail or prison.
The terms and conditions of probation vary from person to person and are determined by the court and a person’s probation officer.
- There are many ways to violate terms of probation.
Direct violations of probation occur when a person is charged with a new crime altogether. When this happens, a person will be arrested and charged with the new crime ALONG WITH a violation of probation. Because of the violation, a judge may decide that a defendant will be held without bail.
Technical violations of probation occur when a person violated one or more terms or conditions of their probation. These terms and conditions often include the following:
- Failing to report to your probation officer
- Failing to appear at required court hearings
- Not paying fines, restitution, or court costs
- Living or staying at a residence other than one approved by your probation officer
- Violating curfew any curfews imposed
- Failing a drug test
- Drinking alcohol is prohibited
- Failing to complete required community service hours
- Associating with anyone you have been told to not be around (other convicted criminals, witnesses, victims)
- Failing to complete any required programs or classes (rehabilitation, anger management, substance abuse, parenting, sex offender treatment, etc.)
Not everyone has the same probation conditions. Depending on the crime and criminal history, a person’s conditions may include more or less stringent requirements.
Your Next Steps
At the SMT Legal, we recognize that everyone’s case is different. While it is important that you do everything you can to follow the terms and conditions of your probation, there are times when violations occur. Please understand the seriousness of these charges.
We will work to investigate what happened so we can understand why a violation occurred. Our team will consider certain factors that may have been overlooked by a judge and your probation officer, including:
- Drug and alcohol addictions
- Sex addictions
- Financial hardships
- And more