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Probation Violation: What it is and What to do if Accused

January 12, 2021 by Contributed Post

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Courtroom in the Federal Building and U.S.Courthouse built by architect Henry B. Carter in 1938.

If you or someone you love has ever been charged with a criminal offence, then this article is for you. 

Seldom individuals with criminal charges are rolled out of jail for their excellent conduct. However, there are certain things that the subject needs to follow. For instance, an individual might be asked to undertake a substance treatment program. Or likewise, they may be asked to serve the community. 

This complete setup of the binds and terms for the individual’s early release is known as a probation period.

What is a Probation Violation?

As the name suggests, violation of any guidelines laid by the court accounts for probation violations.

Notably, there are several offences that fall under the category of probation violation. And, of course, all these offences have repercussions. 

The types of probation violation…

Probation laws are governed both by federal and state authorities. Therefore, they usually vary between states. For example, probation laws in California, as the experts at Orlando-criminaldefensefirm.com say it, has a zero-tolerance policy. It means no matter the severity of the offence, you would need to pay certain penalties for sure. Whereas, it might not be the same as with other states. 

Perhaps, it is better to familiarize yourself with the common offences to probation that might get you in trouble.

Failing to Appear in Court

The most common of all offences are failure to appear in the court. Perhaps, the courts can give you a warning and let go or levy a fine on you. 

It depends on how often you fail to appear in the court, or if you have a valid excuse to evade the penalty. 

Failing to Report

Another common offence is when an individual on probation fails to report to a probation officer. It is required by federal laws to keep a regular check on the individuals on probation. 

The probationary officer is responsible for keeping the check on the individual on probation. 

Failure to pay Fines or Restitution

Depending on the crime, the individual might be required to pay fines or restitution to the victim. For this reason, the court might oblige the individual to raise a certain sum of money or earn it. 

Despite, if they fail to pay either the fines or restitution or both, the repercussions could be severe. In some cases, this might even lead to forfeiting the probation period. 

Moving out of Boundary

In most of the cases, the individual on probation is confined to move freely within a block or two. This is to ensure easy checks on the subject. 

The subject may or may not be allowed to move out of the confined boundary with due permission. failing to which can attract immediate action on the offender. 

Possession or Involvement with Drugs

Using, possessing, or selling of drugs is a federal offence and a severe crime. In most cases, the accused is charged with non-bailable charges. 

On top of it, when on probation, the individuals are usually not allowed any other drugs than prescribed by the doctor. So, it perhaps means that involvement with drugs in any manner could invite huge troubles.

 Being Arrested for any Other Offense

Apart from any of the aforementioned violations, if an individual on probation is arrested for any other offence, their probation may be terminated.

 For example, if arrested for theft or trespassing, the individual on probation is no longer protected by probation laws.

 So, now that you know some of these common violations, it is better to know what to do if you’re accused of them. 

What to do when Accused of Probation Violations?

It needs no mention that hiring a seasoned criminal defence attorney should be your first step. However, it is not the only thing you can do to prove not-guilty. 

For example, you should start gathering evidence and witnesses to prove that you didn’t violate on purpose. Likewise, you should also report to your probation officer about the accusation as soon as possible. 

Perhaps, you should be honest about the information that you share with your attorney. After all, they can only help you if they know the complete truth. 

Violating probationary laws is, however, not advised but at times could be totally unavoidable. For this reason, you must be prepared for the worst at all times. After all, if you’re truly an improved version of yourself, you wouldn’t wish to go back to prison. 

Nevertheless, hopefully, with all this information you may find it easy to help yourself or your loved ones when in trouble.

Also read: What To Consider When You Have A Lawsuit Put Against Your Business

Filed Under: Legal Tagged With: legal services, legal tips

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