Probation Violation

Probation violation is a serious violation where someone breaks the terms and conditions of their probation.  There are, of course, consequences for a probation violation, but they vary by the circumstances of the violation.  These could include whether the violator has broken their violation in the past, their motivation or reasoning for wanting to break the violation, and the nature of the violation.  Common penalties for a probation violation will include large penalties and extended jail time or probation.

toronto-assault-lawyerProbation violation laws differ greatly by state, and also by federal and state laws.  Get an experienced lawyer like Lloyd Gastwirth. However, there are many different ways to violate probation that are illegal in most states.  These include not appearing at a scheduled court trial, not reporting to your probation officer, traveling out of state, committing other crimes during your probation (or getting arrested for them) or not paying any fines that you have been ordered to pay.

In the event that a person does violate their probation, then there are a few possibilities for what can happen next.  The first may require the violator to appear in court once the probation violation has been reported by the probation officer.  The methods listed above will be held in consideration during the court session, and the probation officer would offer their opinion on the severity of the violation.  Generally, the violator will be forced to pay a fine and spend more time either on probation or in prison.

In the event that the violator is found guilty of violating their probation, a sentencing will proceed immediately after the probation hearing.  The violator will see their probation extended, pay a large fine, and/or return to prison.  If the violator has violated their probation before, then the sentence will be much harder.

However, other penalties for violating probations can vary greatly.  For example, a lighter sentence could mean spending some time with community service, or at an institution to correct the violator’s behavior such as rehab or another program.  The harsher penalties include large fines or seeing a longer probation time.  On serious account, the probation will be eliminated altogether and the violator will be forced to spend their remaining time in prison.  In an even harsher sentence, the judge may require the violator to serve an extended amount of time in prison in addition to paying an extremely large fine.