A defendant that violates a condition of probation can face many different punishments for the violation that either the police or a probation officer reports. One condition of probation that is most always imposed on a person is to obey all laws throughout the probation period. Even a minor charge can result in large penalties for the current arrest and the violation of their probation.
Probation Violation Court Process
If a defendant committed a crime as a probation violation, the new crime will be heard in court first then a probation revocation hearing will take place. In essence, it is treated as two separate cases until the probation revocation hearing.
If the probation violation did not include a new crime, but instead violated the conditions of probation such as reporting to a probation officer or attending classes of some sort, then the probation revocation hearing will occur as soon as possible in court.
A probation revocation hearing occurs in court without a jury. Both the defense and prosecution present evidence as to why the defendant should or should not be subject to a revocation.
Probation Revocation Punishments
The judge will ultimately determine the type punishment for the defendant. It can be a light punishment, depending on the offense, such as a warning in the case of a non-serious violation. Community service may be ordered or, for some defendants, rehab if the use of alcohol or drugs has caused the violation. Counseling may be ordered and additional fines and fees may be enforced. A defendant can face a short period of jail time as a punishment or if the crime is serious enough, the defendant may have their probation revoked and spend the remaining time of the original sentence in jail.
The best idea in this situation is to contact a skilled criminal defense attorney. Attorneys have the ability to propose plea bargains to a judge in return for lighter punishment on a probation violation. It can mean the difference between a defendant’s freedom and incarceration. If you have violated your probation and you're looking for a professional criminal defense attorney, contact Mango Law LLC today.