Violation of the probation agreement can land a person in hot waters. ‘Probation’ is the term that is used to replace jail time or give leverage to the person who has been convicted of a crime. But the punishment can get really tough if one violates the probation terms. The court can also impose the penalties harder than the initial sentence.
In this article, we will discuss how much time do you get for a probation violation and if the probation is violated, what are its consequences.
How is the probation violated?
The probation laws are governed by state and federal courts. The provisions of the probation law can vary for different states. Usually, a probation violation happens when a criminal refuses to follow the terms, ignores court orders, or breaks the conditions defined for the probation time.
The probation period lasts for three to four years, but it can also be extended up to seven to eight years depending on the type and severity of the misdemeanor or felony.
Circumstances in which the probation period is extended, include:
- Not attending the probation officer – whether in person or at a scheduled place
- Traveling without informing the probation officer
- Committing other offenses and crimes while on probation
- Not appearing in the court on the scheduled date of hearing
- Not paying fine or compensation to the sufferers in accordance with the court orders
- Getting into other criminal offenses that may lead to arrest
What consequences you can suffer after violating probation
Right after the violation is reported, there is no such rule that compels the court to take immediate action. But the consequences one could face after the violation has been reported include, but are not limited to:
- Warning to appear in the court
If the probation officer has reported a probation period violation, it’s on him to issue a warning to the individual to appear in court for that particular violation mentioning the potential jail time which could be sentenced upon hearing. The officer will also be requested to fill the forms for the determination of penalties.
- Determination of the violated terms
During the hearing of the violation, the court will hear the case based on how much the term of the probation has been breached. The probation officer will then prove that the violation is more severe or not.
If an individual commits a probation violation, and has pleaded guilty, then probably he would get the sentence. During the time of hearing the court may prolong his probation, order some extra penalties, may charge more fines, or impose a brief jail time extending the previous one. However, it’s only on the probation officer’s discretion how the penalties are finalized.
How much time do you get for a probation violation?
Suppose that an individual has been awarded a three-year probation time, and he has already served two and a half years of his time. If that individual is caught violating any terms, then he might have to serve another three years for violating probation terms. Depending on the type of crime an individual has committed during the probation time, the court has the right to impose even harder penalties.
On the other hand, if a person follows the rules without violating probation laws, then on the next scheduled date, the probation officer can decide whether that person would serve the remaining probation time or the case can be dismissed.
Revoke probation and impose a sentence
The judge has the right to decide to extend the probation or not. For instance, suppose, if a person has committed a crime and could have been sentenced to jail for one year, instead of awarding the jail term, the judge has ordered the person to follow the probation period – for the time being, the judge will also direct the probation officer to report the persuasions in which the criminal is involved.
Now, being on probation, if the individual is caught violating the probation laws again, then it’s on the court to extend the probation, or impose fine, or sentence that individual with an even more strict jail sentence.
If the individual has not violated any probation terms, or he is alleged by the probation officer on false grounds, then one must seek help and consult the experienced attorney to mitigate the situation.
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