Your probation is a sentence within a sentence. When you have been convicted and sentenced for a crime, it is not uncommon for a period of probation or court supervision to be added into your sentencing.
This is a set period of time during which you are expected to remain out of trouble. If you get into legal trouble again, the prosecution can revoke your probation and you could return to jail, as happened in the high-profile case of Meek Mill in 2017.
However, it is up to the State to prove you violated your probation. This means you still have the chance to employ a competent attorney to fight your case and argue against the motion to revoke your probation. Call Casey Nelson today to find out how they can help you fight a probation violation case.
The best thing to do is keep your head down and stay out of trouble. To do that you need to know what constitutes a violation of your probation. These are 7 things that could constitute a probation violation.
Missing a meeting with your probation officer
The terms of your probation will likely dictate that you must attend regular meetings with your probation officer. Even missing one of these appointments could lead to your probation officer filing a report and result in a probation violation charge.
Missing a court hearing
Just like missing an appointment with your probation officer, missing a court hearing could see you back in court on a probation violation charge. The hearings are designed to assess your progress. Failing to attend is a clear breach of the terms of your probation.
Missing a restitution payment
If the judge ordered you to make restitution payments, these must be paid on time. Failing to make these payments provides ample grounds for a probation violation filing.
Not completing the sentenced community service
Community service is sometimes awarded as part of your sentence. This is a non-negotiable part of your penalty. If you don’t complete it, you could be charged with violating your probation.
Going to certain places or meeting with certain individuals
The court is allowed to block you from visiting certain places and approaching certain people. This is often part of the sentencing of those convicted of gang violence. They may be told not to associate with known gang members.
If you break this part of your probation, you could be back in front of a judge.
Not enrolling in schooling or securing employment
Part of the deal of your probation could be attending classes or finding gainful employment. If this is the case, you must enrol in schooling, or attend your job. Failing to do so would constitute a breach of the terms of your probation.
Committing a new crime
Most probation terms include a section on committing another crime. Most people think this means not engaging in criminal activity, but in some cases, it can mean any small infringement, including traffic offenses. If your probation terms call for you to keep a clean record, you must proceed with the utmost caution to avoid a probation violation.
The consequences for violating the terms of your probation could be anything from continuing your probation with different terms, to having it fully revoked and invoking a jail sentence. It pays to be aware of the terms of your probation and the activities that would constitute a violation.