Agreeing to go on probation is a good way to resolve a criminal case against you. But in order for this option to work, you have to stay on track with your probation and do everything that’s been ordered. This is easy for some people, but others struggle to comply. If you are not able to follow the rules of your probation, you can be charged with a probation violation. A probation violation is a new crime that you have to defend, and you will also have to face the full weight of the original charges against you.
Three things to know about a probation violation and what you can do if you have been charged with one include the following:
- Revocation: if you violate your probation, you will no longer be on probation and will have to defend the original charges against you. This means your probation will be revoked and you will be punished according to what is possible for the original violation. This might be the full punishment possible, or something else. You will no longer get the benefit of the bargain you made when you went on probation, and if that included a reduction or dismissal of the charges upon successful completion of probation, which will now be off the table.
- Violation type: violations are either technical or actual. A technical violation is one that happens without a new crime being committed. Most often a technical violation is one that includes failing to abide by one or more of the probationary terms. On the other hand, an actual violation occurs when a new crime is committed while on probation.
- Evidentiary proof: the State will be the one making the claim you violated your probation, and will have to provide evidence to the Court of the violation.
It is essential to have competent representation if you have been charged with violating probation. Rather than accept the charges and be punished for violation, on top of having the possibility of being punished in full for the first offense, you should question the violation charges. The approach you take must be aggressive, but it can be done. Our team of criminal defense attorneys has the experience needed to defend these types of cases, and is ready to help you today.
If you have questions about probation violations, call our office for help today. Contact us today schedule an appointment with an experienced criminal defense attorney in Stuart and the Treasure Coast. The first visit is a free initial consultation.