Releasing a defendant convicted of a crime back into the community under certain restrictions is common in criminal cases if the judge grants probation based on the surrounding circumstances of the defendant. There are many conditions set to the individuals probation in addition to restrictions. Some conditions include meeting with a probation officer on a routine basis, regular drug testing, electronic monitoring and so on. The judge will assess conditions and limitations as they see appropriate.
Consequences of Probation Violation
As the individual on probation, should you fail to comply and adhere to those conditions and restrictions, there are cases where the defendant had a mere slap on the wrist, so to speak, and others where the repercussions were far more severe. Below we at Kajioka & Associates, Attorneys at Law would like to take the opportunity to list the potential consequences of violating your probation.
1) Warning Issued. For punishing probation violators, the probation officers have a broad spectrum according to their discretion. Your probation officer may issue a warning in the event that is a minor or just a technical or unintentional violation and the officer will put you on notice that any future violations will more severely be punished.
2) Probation Hearing Scheduled. Your probation officer may order a probation hearing if you have had already received a warning, a history of past violations, or the violation of your probation is a bit more serious. The judge could add more terms to your probation or revoke your probation all together if the judge at the probation hearing finds that you violated your probation.
3) Additional Probation Terms. Judge may simply add requirements to your original probation or extend it for a longer period of time if the judge finds that you have violated the rules of your probation. Much like the probation officers, judges have discretion over violation and will consider the circumstances including past violations and other factors to determine the punishment for violating your probation.
4) Fines. Even if you’ve already paid fines as part of your original sentencing, in addition to or in lieu of additional probation terms, the judge may order the probation violator to pay fines.
5) Jail or Prison Sentence. Depending on the severity of your original offense and the seriousness of your violation, the judge may also sentence you to serve time in jail or prison. Your sentence may end up being longer than you would have had to serve in the first place because of the violation. Just as with a criminal conviction, in most states, a revocation of probation can be appealed.
Criminal Defense, Personal Injury, Business Attorneys & More in Greater Las Vegas, Nevada
In some instances, if you may have violated your probation, or are facing a hearing regarding your probation violation, a criminal defense attorney from Kajioka & Associates, Attorneys at Law, may possibly help you avoid jail time. Call us today to schedule your consultation and we will review your case and discuss your options.