What Happens If You Violate Probation For The First Time

If you have been charged with a crime, especially if this is your first criminal offense, there is a high likelihood you will be placed on probation. Probation is a criminal sentence that can be served instead of going to jail. If you were placed on probation, it is important to understand the terms of your probation so you can avoid a probation violation. Depending on the nature of your crime and the type of violation, a probation violation can be a serious criminal offense.

What Is Probation?

Probation is a criminal sentence that is served instead of going to jail. During probation, a criminal offender is supervised by a probation officer. The probation officer oversees probation and helps the offender avoid violating the terms of probation or re-offending.

Common Probation Requirements

When a judge places a criminal defendant on probation, they impose various requirements. Common probation requirements include:

• No new offenses
• Not consuming drugs or alcohol
• Updating your probation officer of any changes to your address
• Obtaining gainful employment
• Not associating with known criminals
• Attending regular meetings with your probation officer
• Not leaving the state without permission from the probation officer
• Performing community service

The judge may impose different or additional terms of probation based on the nature and severity of your offense.

What Is a Probation Violation?

A probation violation occurs when a criminal defendant does something that violates the terms of their probation. This can occur in one of two ways. The first is by doing something you are not supposed to do. The second is by not doing something that you are required to do.

Most probation violations happen because you violate the judge’s orders. But they can also occur for other reasons, like an erroneous drug test or when samples were mixed up at the lab. Regardless of the cause, the consequences of a probation violation can be severe. If you allegedly violated your probation, do not ignore the situation. Our criminal defense attorneys can review your case to determine whether you violated the terms of your probation and represent you at a probation violation hearing. We can explain why you did not violate your probation or request a punishment that is less severe than what the prosecutor is seeking.

What Happens When You Violate Probation for the First Time?

If this is a first-time probation violation, you may be wondering what will happen next. The severity of the punishment you face will depend on the nature of the underlying offense, the severity of the probation violation, the judge, and your relationship with your probation officer. Every probation violation is different, but the consequences of a first-time probation violation can include:

• Warning. If this is a first-time violation of probation, you have a good relationship with your probation officer, and the probation violation seems to be a simple mistake, there is a good chance you will receive a warning. Probation officers have significant discretion when it comes to a first-time probation violation, and your probation officer may decide not to report the violation at all.
• Court Hearing. If your probation violation is more serious, you may be required to appear in court, where a judge will hear your case. You have the right to an attorney and will be given an opportunity to explain your case.
• Sentencing. If the judge determines you violated the terms of your probation, you will receive a sentence. The sentence could be a modification of the terms of your probation, or, if the offense was severe, the judge could revoke your probation and reinstate the original sentence. If your probation involves a new crime, you could be sentenced to jail for the probation violation and face additional criminal charges for the new offense.

What Should You Do For a First Time Violation of Probation?

If you are alleged to have violated your probation, even if it is a first-time probation violation, you should hire a probation violation attorney. Probation is an alternative to jail, and by placing you on probation, the judge gave you an opportunity to prove yourself. If you are facing allegations of a first-time probation violation and you want to stay out of jail, you must be prepared to explain why there was no probation violation or, if there was, why it will not happen again.

If this is your first-time violating probation, Douglas D. Terry & Associates can help. We will analyze your circumstances, explain your options, and fight to obtain optimal results in your case.

Douglas D. Terry & Associates has been defending people accused of crimes for over 40 years. From our offices in St. George and Cedar City, we proudly represent people throughout southern Utah. To learn more, contact us today by calling (435) 628-4411, emailing email@SouthernUtahDefense.com, or completing our online form.