Probation is a criminal penalty that is often ordered as a way to punish someone for a crime but is less serious than serving time in prison. A person may be ordered to serve probation after they have completed a jail sentence, or probation may be the initial consequence for their criminal charges. Essentially, probation is a way to ensure that someone who has been charged with committing a crime does not engage in any more illegal behavior. 

The terms of every person’s probation differ, but all people who are on probation are supervised and prohibited from certain actions. People on probation must report to a probation officer to ensure they are following the terms laid out in their sentence.

Serving the terms of probation often signifies that you are on your way to freedom. If you are found guilty of violating your probation, this can completely disrupt your plans of moving on from a criminal past. With the help of Will Fraley, Attorney at Law, you can fight against accusations of violating your probation and get back to living your life.

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How Probation May Be Violated

Your probation likely involves terms that are unique to your situation. However, there are elements that are common terms of probation for everyone. For example, every person who is on probation must regularly communicate with their probation officer.

You may have violated your probation if you:

• Committed other crimes
• Were found in possession of illegal drugs, guns, stolen items, etc.
• Left the state
• Contacted people who were prohibited under your probation
• Failed to meet with your probation officer or appear in court

It’s entirely possible that you did not violate your probation at all and have merely been accused of one of these behaviors. Regardless, you must get a lawyer to represent you.

Consequences of a Probation Violation

The penalties for a probation violation can be very diverse. If a person is found guilty of violating their probation, it’s possible that their probation could be extended or become stricter. In some cases, a probation violation can result in more severe consequences, such as time in prison. If a person commits a crime while they are on probation, the sentencing for that crime will likely be more serious due to that fact.

Probation Violation Defense

It is very difficult to defend yourself against accusations of violating your probation — the skill of an experienced attorney must be utilized. These cases involve complex legal issues and are generally not considered in the same way as other cases. You may need to attend a hearing about your alleged probation violation, but this hearing will not proceed like a typical trial. The terms for proving guilt are lessened, and prosecutors must only demonstrate a “preponderance of evidence” to show that you are guilty.

There are many different defense strategies that can be employed in a probation violation hearing. You may have been unable to fulfill your responsibilities under probation due to factors outside of your control. It’s possible that a malfunctioning drug test made it seem like you were using illegal substances. Or, there simply may be substantial evidence that proves you did not violate your probation. We will evaluate you circumstances to determine the best way to approach your case.