Repercussions for a Probation Violation Explained

A good criminal defense lawyer, like a criminal defense lawyer in Rockville, MD, understands that after a recent probation violation arrest, the offender is probably terrified about whether they will have to go to jail or not. Rest assured, a seasoned criminal defense legal team will do whatever they can to protect you from the worst possible punishments. You need to get legal help immediately after your arrest. If you wait, then that’s less time your legal team has to create a solid defense before your court hearing.

Potential Repercussions

During your court hearing for a probation violation, the judge will choose what repercussions you will face for the breach. As an attorney may explain, if a violation occurs then the offender may be required to pay the punishments that he or she would have received for committing the crime originally. For example, if you were put on probation instead of going to jail for 90 days and paying expensive fines, the judge may decide that your probation is cancelled and you now must face these consequences. The potential repercussions for a probation violation include: 

Time Served

A judge that feels the offender has spent sufficient time in jail thus far, may give them time served. This is a common sentence for those who were found in violation of their probation and the charge they were convicted of was minor. Crimes that may receive time served include possession of marijuana (in states where it is illegal), driving with a suspended license, or petit theft. 

New Probation Length and Terms

The judge may decide that the offender is to be placed back on probation for an extended period of time and under stricter terms. The judge may require that you get certain things done during this new probation, such as getting a job, moving into a place on your own, staying in school, etc. 

Reinstatement of Original Probation

If your probation violation was simply a miscommunication or accident that you had no intent of committing, then an attorney may try to convince the judge to let you continue serving your probation as it was originally created. The judge may allow you to finish your term and abide by conditions as if they weren’t violated in the first place. In most cases, the judge will enforce more requirements such as community service hours or attending counseling, but not extra time. 

Serving a Jail or Prison Sentence

A judge who has become impatient may believe that since the offender violated the terms of the probation once, that they will probably do it again. Your attorney can advocate for your behalf and explain why you deserve another chance. Unfortunately, in instances where a serious breach occurred, such as committing another crime while on probation, there is no way to avoid serving jail time. A lawyer will do his or her best to protect you and offer guidance based on your individual circumstances. 

Please contact a law office right away to book a consultation with an attorney about your probation violation, so he or she can get to work right away on your behalf. 

Thanks to the Law Office of Daniel J. Wright for their insight into some of the repercussions of a probation violation.