Once someone is on probation, it is imperative they are cautious with all of their actions to avoid a probation violation. Despite their intentions, however, it is possible for someone to receive a violation for a number of different reasons. The first thing they should do is speak with a lawyer. Then, they can learn about their specific situation and their options to determine the right steps moving forward.
What are Probation Violations?
Probation violations can occur for a number of different reasons. Common reasons for probation to be revoked include being arrested for a different crime, failing the drug test, not paying fines, not reporting to the probation officer, failing to complete classes, and not completing required community service. It is possible for someone to find out they have violated their probation if any of these things occur or are suspected to have occurred. Depending on the specific terms of the probation, there could be other types of violations, as well.
Find Out If There’s a Warrant
Once someone learns they are in trouble for a probation violation, it’s a good idea for them to find out if there is a warrant for their arrest. The lawyer is able to look up this information for them. In most cases, the warrant will be a bench warrant, which means they will be arrested if an officer stops them for any reason. It is likely a good idea for the person to turn themselves in if they have a warrant, but they will want to speak with their lawyer before doing this.
Determine if Fighting the Violation is a Good Idea
It is possible to fight probation violations and request a hearing. At the hearing, the court will need to prove that a violation occurred. If they cannot produce sufficient evidence, the person will not have a probation violation on their record or face further penalties attributed to the violation. If the court does prove that a violation occurred, there are a number of potential penalties the person may face. A lawyer will help the person fight the probation violation during the hearing to reduce the possibility of being found guilty.
Learn About the Potential Penalties
If the person is found guilty of violating their probation, they face potential sentences. If the probation is the result of a plea bargain, the plea agreement will determine what sentences the person will face. This will vary depending on the original conviction and the terms of the plea agreement. If the probation is due to deferred adjudication, the person could face the penalties they would have received originally. At this point, they will now be found guilty and will not be able to avoid a criminal record.
If you’re on probation but you’ve found out that your probation is going to be revoked, there are things you can do to try to avoid further penalties. However, it does mean you’ll need to speak with a lawyer as quickly as possible. Talk to a lawyer now to learn more about what to expect and what can be done to help you avoid being found guilty of violating your probation.
