A probation sentence is sometimes the best outcome for a defendant facing serious criminal charges. Instead of spending time in state facilities, they are simply subject to the oversight of a probation officer.
The requirements imposed during probation often include an obligation to maintain sobriety and to limit interactions with those actively involved in criminal conduct. The party ordered to submit to probation may be subject to sporadic drug testing and last-minute requirements to meet with their probation officer.
Another arrest, a failed drug test or a missed meeting might be all it takes for a criminal defendant to face allegations of violating the terms of their probation. Those concerned about probation violations often worry about what happens next. What consequences are possible when a person subject to probation violates the terms of their release?
The courts may revoke probation
A probation violation might simply be the result of miscommunication or a single bad decision. Other times, probation violations could be indicative of more serious concerns. Depending on the nature of the probation violation, the courts may choose to revoke the order of probation.
Typically, probation occurs instead of incarceration and other penalties. The defendant might be at risk of the courts remanding them into state custody. They may have to serve the sentence that probation initially replaced.
The courts may modify the probation order
Occasionally, a single probation violation is not enough to convince the courts to revoke probation and impose a criminal penalty. Instead, modifying the existing probation order might be a better solution. The courts can choose to impose additional restrictions on the individual’s activities.
They may also extend the duration of the probation in consideration of the violation that occurred. For example, a probation violation that occurred 12 months into a two-year probation order might effectively restart the clock, leaving the defendant subject to an additional two years of probation oversight.
Thankfully, people accused of a probation violation have the right to defend themselves in court, just like those accused of a criminal offense. A criminal defense attorney can help people accused of probation violations respond effectively and may be able to help minimize the penalties imposed for the alleged violation. Understanding what is at risk can help those facing probation issues respond assertively before the courts impose the worst consequences possible.