What Happens If I Am Accused of Violating My Probation?

Criminal Defense Attorney

If a probation officer suspects that a person has violated probation, he or she may be arrested and required to appear in court. In many cases, the accused hires a criminal defense attorney to represent them and offer advice on how to handle the probation violation. An attorney can help to protect the accused from serving jail-time, and may be able to reinstate the probation. Examples of ways a person may violate their probation may include visiting specific places or people, traveling out of state borders without prior permission or possessing or selling drugs, among other offenses.

Q: What are the possible outcomes of the probation violation?

A: When a person violates probation, a judge will have to decide whether the boundaries were breached and the severity of the penalty. The judge may change the probation terms by making them stricter, continue probation with the same terms, or cancel the probation and send them to jail instead. Probation violation cases are unlike other cases in that it is much easier for the prosecution to prove to breach occurred.

Q: I was accused of violating my probation, what comes next?

A: An officer can make an arrest based on the details received from the DA or probation officer. There could be a warrant for your arrest, or you may be ordered to show up in court on a scheduled date and time. Regardless of what happens next, it is encouraged that anyone accused of violating their probation gets legal assistance right away. An attorney can help safeguard your rights and do what is within their power to prevent you from going to jail. If this is your first time attending court for the matter, there are multiple things that may happen:

  1. The prosecutor will bring forward evidence and details about the supposed probation violations.
  2. The judge will ask the accused whether they accept or deny the claims.
  3. The judge will decide whether the accused is to be granted bail until a probation hearing date is scheduled.
  4. The judge schedules a probation hearing date and time.
  5. The conditions of your probation remain in effect, but halts the clock running for it until your probation hearing date.

Q: Is it possible I will have to go to jail as I wait for the probation hearing?

A: Whether or not you will have to go to jail until your hearing depends on several factors, including if the judge thinks you are a danger to the public, the safety of the victim and his or family is threatened, the severity of the charges, and past criminal record. The role a criminal defense attorney San Mateo, CA offers can play during this court session, is to show that you are not a risk to anyone else, have complied to the best of your ability, and have no intention to elude the probation hearing. If the judge is concerned that you may attempt to flee to avoid potential consequences, he or she may require you are held in jail until the probation hearing the can place.

Thanks to the Morales Law Firm for their insight into criminal defense and being accused of violating probation.