A large number of criminal cases are resolved by the defendant entering an agreement with the prosecution to go on probation for a period of time. The exact terms of the probation depend on the case, but in every case if the rules are not followed, the defendant can face additional charges and be in more trouble than when the initial case was filed. This sounds easy enough, but because many of the terms of probation are unclear, it is common for violations to occur. In order to make sure you do not violate your probation, it is best to have a clear understanding of the terms before you even leave the Courthouse.
A probation violation is a new crime, and carries with it a new possibility for punishment. What this means to the criminal defendant is that there is now the need to defend the original charge, as well as a new one. Thus, it is important to keep these three things in mind and take heed that you follow the rules of your probation:
- A violation of probation will result in the probationary term being revoked. This means the full sentence possible for the initial charge will be placed back on the table and you will also have to defend the charge of violating probation. You will now face two charges instead of one, and not be able to remain on probation while doing so.
- A violation of probation usually means jail time.
- A violation can be either technical or actual, and it is the technical violations that trip up most defendants. Actual violations are easier to identify, because they include the commission of a new crime. But a technical violation is one where an unsuspecting defendant violations probation by something as seemingly harmless as missing an appointment with their probation officer.
When a technical violation is committed, it usually comes as a complete surprise to the defendant. To avoid this happening to you, partner with a competent defense attorney, so you are sure to understand what is expected of you while on probation. We can help you negotiate terms that you can follow, and can also help if you have been charged with a probation violation.
For more information about probation and probation violations, call an experienced defense attorney in Stuart and the Treasure Coast. We offer an initial consultation for no charge, and look forward to helping you resolve your case in a satisfactory way.