Probation is just one of the many options a court has when sentencing a person for criminal charges. Probation is usually given in limited circumstances and contains a set of terms and conditions the defendant must adhere to. Below, we answer some of the frequently asked questions that our attorneys get about probation violations.
Q: What are the terms and conditions of probation?
A: Probation sentences usually require a person to report to a probation officer and follow a number of conditions during the time they are on probation. The following are typical terms and conditions for probation:
- Regular meetings with a probation officer at set times
- Showing up for all scheduled court appearances
- Paying fines or victim restitution
- Avoiding specific people and places
- Asking a probation officer for permission to travel out of state
- The requirement to obey all laws
- Can’t partake in illegal drug use or excessive alcohol use
Probation conditions are related to the type of offense that was committed. If your offense is drug-related, a judge will require periodic drug testing or a drug rehabilitation program.
Q: What will happen if I violate my probation?
Probation Violation Warning
A: Breaking any of the rules or conditions set in a probation order at any time during the probation period is considered a violation. If a probation officer learns that a person has violated their parole, they can issue a probation violation warning or require attendance to a probation violation hearing.
If a judge rules that the terms of probation have been violated, a person can face additional terms to their probation, expensive fines, a revoked probation, jail time, or more. If you think you have violated your probation, you should immediately consult with an attorney.
Q: What are my rights at a probation revocation hearing?
A: At a revocation hearing, the prosecuting attorney has to prove that the person accused of violating their parole, more likely than not, violated a term or condition contained in the probation order. A defendant has the right to be informed about any new charges against them and can present evidence before a neutral judge that might support their defense case or discredit the evidence brought against them.
Q: Will I be sent to jail if my probation is revoked?
A: Having your probation revoked does not mean you will automatically be sent to jail. A judge has a few alternative options they can use during sentencing. A judge can add more time to the probation order, impose additional fines, or require counseling or other treatment programs. A judge can also order a brief jail sentence or require the entire original sentence to be served. Bail hearings can be requested for probation violations as well.
Have you violated your probation order? Contact our Orlando probation violation attorney to talk about how we can help you today.