Law & Legal & Attorney Criminal Law & procedure

Probation Violations

If you have been sentenced to probation, you may have avoided confinement, or served a greatly reduced sentence of confinement, and remain under the jurisdiction of the court for the duration of your probationary sentence.  When you enter into a probationary sentence, certain terms and conditions of probation apply; sometimes, these conditions appear in the paperwork you sign in court when you enter the plea, and sometimes these conditions are later explained to you by your probation officer.  A violation of any of these conditions typically will result in a petition to revoke your probation.  However, in some circumstances, probation officers will for whatever reason choose not to file a petition to revoke if the violation is relatively minor.  This may depend largely on the nature of the charges for which you are on probation, as well as your relationship with your probation officer. There are two types of probation violations: a technical violation, or a violation due to picking up a new offense.  A technical violation would be something like missing a probation appointment, failing to complete community service, or falling behind on restitution payments.  Picking up a new offense is typically a violation of probation where the new offense is any new offense, including driving tickets of more than 6 or 8 points.

If a petition to revoke your probation is filed, your choice is to either admit the violation, or contest the violation at a probation revocation hearing.  It is highly recommended that before deciding to admit or deny the violation, you consult with a criminal attorney.  Your attorney will communicate with your probation officer as well as the district attorney in the hopes of reaching a proposed resolution to your case, so that all parties may appear in front of the judge asking for the same sentence.  It is much more likely that you will receive the sentence you desire if your attorney is able to get probation on the same page, than if your attorney argues for one outcome to the judge, and probation and the district attorney argue for another.  Typically, district attorneys will take the position of probation when there is a revocation of probation.
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