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What is a probation violation?

| Sep 12, 2019 | Criminal Defense |

There are many concerns that those facing criminal charges may have on their minds including their criminal defense options and rights. It is important for anyone facing criminal charges to understand the criminal justice process and their rights throughout that process so they can protect those rights.

One aspect of navigating the criminal justice process may include probation. It is important for accused individuals to know what probation is and what a probation violation means for them. Probation can be violated when the terms and conditions of probation are violated. This can include not attending a scheduled court appearance; failing to report to a probation officer as required; failure to pay required fines of restitution; visiting certain people or places or traveling out of state without first obtaining permission of a probation officer; possessing, using or selling illegal drugs; and being arrested for another crime or committing another crime or offense.

Punishments for a probation violation depend on the nature and severity of the offense and if there are any aggravating or mitigating factors involved. Previous violations may also be considered. Probation violations can lead to jail time, extended probation, stiff fines and other potential penalties and consequences. Probation is assigned by the court and typically runs from three to five years so it is essential to be familiar with probation requirements. It is also crucial to be familiar with the process when probation has allegedly been violated and for the accused individuals to know their rights throughout that process.

Individuals who have been accused of a crime or probation violation always have criminal defense rights they should be familiar with so they can enforce those rights. Knowing how to protect themselves helps to ensure the criminal justice resources that are available to accused individuals are summoned when they need them.