Probation Revocations: What Defendants Need To KnowShare
If you are on probation, the situation should be taken seriously. Probation is part of the punishment for being convicted of a crime. When the rules don't get followed, you could find yourself in a probation revocation situation. Read on for some guidance on what you need to know about this major problem.
What Causes Revocations?
Probation is often ordered as a means of keeping a close watch on those who might otherwise go to jail. When a rule is violated, the judge could decide to issue a warrant for an arrest. Here are some common probation revocation reasons:
- Arrested again. Any type of arrest can cause an automatic probation revocation.
- A failed drug or alcohol test.
- Not appearing for a drug or alcohol test.
- Not checking in with the probation officer.
- Failure to stay employed.
- Failure to stay in school.
What Can Happen After an Arrest
Not all revocations are the same. What happens to the defendant after an arrest depends on the circumstances of the offense. In most cases, defendants have an opportunity to come before the judge to explain why they violated the terms of their probation. Sometimes, defendants have good reasons, and the violation was minor.
For instance, if the defendant was unable to attend drug counseling because they were ill with COVID-19, the judge will likely accept that reason. For minor issues that can be explained, the judge has the option to release the defendant back to probation. In some cases, they may have time added to the probationary period or other punishments. However, in certain cases, such as that of an arrest, the defendant may be ordered to remain in jail until their case is heard.
Speak to an Attorney
A violation of probation is another crime on your record. It's a separate additional case that must be dealt with on its own. You will need to speak to a criminal defense lawyer about your case. If you already have a lawyer from your original case, they can handle the additional charges. However, your best option is to get the probation violation charges dropped by demonstrating that you had a good reason to violate probation. Your lawyer will help you gather evidence to support your reasons for the violation. If you don't have a good reason for violating probation, your lawyer can help you show that you did not intend to violate it and that you won't do it again.
Speak to a criminal defense lawyer about your probation violation case and get the best outcome possible.