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When someone is placed on probation, it means that the judge has given you a second chance to get your life together and do the right things to stay out of jail. There are rules that you have to follow while on probation, and if you don’t abide by those regulations, then you could be violated. An attorney can try to keep you out of jail at your violation hearing if there is sufficient evidence that you won’t make the same mistakes.
This is the lesser evil of being on probation. You are still required to visit a probation office and take a drug test on occasion, but it’s not as strict as if you were on supervised probation. There will usually be fees that are paid each month, and you might have to take a class relating to the reason why you were arrested, such as anger management or a class for alcoholics. Once you have satisfied the conditions of the probation, then you are usually taken off and can lead your normal life.
If you have several charges or felonies, then the judge could place you on supervised probation as a way to keep you out of jail. You will be subjected to home visits from the probation officer, drug tests and monetary payments that need to be made each month. You will likely need to remain gainfully employed or take classes until you get a job.
There are a few ways that you could violate your probation. One of the most common is failing a drug test. If you’re on supervised probation, then you usually have to submit to a drug test every month. If you pass a certain number of tests with a positive report, then you might not have to take any more for the duration of your sentence. If you fail one test, then the officer has the right to violate you unless the officer is aware before you are placed on probation that a drug is in your system.
Another way to be violated is by not paying your fees each month. Some officers will submit a violation for one missed payment while others will wait until you are a few payments behind. Receiving another criminal charge while on probation is another way for the officer to submit a violation report.
While at the hearing, the judge will examine the evidence submitted by the probation officer. If the judge agrees with the violation, then you could either be placed on an intense probation where you will be subjected to more visits and monitoring, or the judge could revoke the probation and place you in jail for the length of the original sentence.
An attorney is often the best way to deal with a probation violation. Submit any positive information that you can to the attorney, such as employment, classes that yo are taking or payments that have been made since you were violated. The attorney can sometimes talk to the officer to come up with a solution to keep you out of jail, especially if it’s only your first hearing.