Probation is the act of suspending a person's sentence for a criminal conviction and granting that person provisional freedom on the promise that he or she will demonstrate good behavior. A probation violation is an offense that occurs when someone violates any one or more terms or conditions of their probation.
The consequences of violating one's probation depends on a variety of factors such as whether there are any prior violations, and whether the circumstances around the violation lessen or worsen the severity of the situation. Depending on the facts of the case, a violation can result in fines, extended probation, and a one way trip back to jail.
A probation violation occurs whenever you ignore, avoid, refuse or otherwise break any of the terms or conditions of your probation. Probation violations include but are not limited to:
- Committing another crime while on probation.
- Not paying court-ordered fines or victim restitution.
- Travelling out of state without permission from your probation officer.
- Getting arrested for another offense.
- Not reporting to your probation officer at the scheduled time or place.
One of the most serious types of probation violations that probation officers and judges frown upon are those involving committing new crimes. If you violate your probation by committing another crime, then you can reasonably expect that you will be returned to jail. Also, that sentence can be added to your current sentence, which would result in an increase in the amount of time you would spend in jail and any the possibility of any fees associated with the newest violation.
If one or more conditions of probation are violated, the District Attorney's Office can file a Motion to Revoke or Adjudicate Probation and a warrant for an arrest is issued. Upon arrest, the probationer is usually held in the county jail, sometimes without bond until their trial. At trial, if the judge decides to revoke probation and the defendant is sentenced to a period of confinement, no credit is given for any time served on probation; however, credit may be given for successful completion of residential treatment.
If you have violated a term of your probation, we urge you to contact R. Scott Magee, Attorney at Law immediately. We can explain your rights and obligations under the law and explain which defenses and strategies are available at your disposal. If you are innocent of the crime you are being accused of or if there is a lack of evidence to secure a conviction, it's vital that you have an aggressive Round Rock criminal defense attorney fighting hard to protect your rights and keep you out of jail!
Contact our office today to get in touch with a criminal lawyer by calling (512) 600-1560!