Violating your probation comes with the risk of serious consequences that most likely won’t be worth the reward. It can also impact your reputation with legal entities and lead to worse sentencing if you’re ever convicted again. Even as a first-time probation violator, you risk being hit with jail time for your actions. If you’ve violated your probation and don’t know what to do, here’s everything you need to know about what happens next.
You Might Get Jail Time
Even if this is your first violation, judges have the right to revoke your probation and sentence you to jail time for your original sentence. Whether or not your probation is revoked depends on the severity of the conviction and your violation, as well as the discretion of the judge. With so many factors, it can be nearly impossible to tell what consequences you’ll face.
Felony and Misdemeanor Probation Violations
If you violated probation on a felony charge, you’re most likely to face jail time. Felony probation isn’t taken lightly by judges, and violating it might show the judge that your behavior hasn’t changed. As a result, your probation will probably be revoked and you’ll be forced to pay for your actions in jail.
Misdemeanor probation is a little different, but it can come with the same punishment for violation. Depending on the seriousness of your misdemeanor charge, you might face anything from extended probation to revocation and jail time.
Failing to report to your probation officer is usually taken seriously by judges, and it’ll most likely result in your probation being revoked even if your conviction is relatively minor.
Minor Probation Violations
If your violation is minor, like failing to complete community service hours or falling behind on court fees, you most likely won’t be sentenced to jail. With minor violations of less serious probation, you’re probably going to receive an extended probation and a warning about the consequences of violating probation again. Once again, this depends on the judge’s discretion, so it’s hard to know what exactly you’ll be punished with.
How to Challenge Revocation of Probation
If you feel like you’re being wrongfully accused of violating your probation, speak with your defense attorney about challenging the revocation. When you challenge your judge’s decision to revoke your probation, a hearing will take place where the court will be forced to show evidence of your violation. If they can’t produce the proper evidence, your probation cannot be revoked and the judge’s decision will be reversed.
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