Probation is what happens after conviction, occurs in lieu of a criminal sentence occurring in jail. Someone on probation is called a “probationer.” Probation is like jail in the outside world and is usually accompanied with several conditions of probation, such as community service, drug, and alcohol tests, compliance hearings in court, fine and other payments, etc. Failure to abide by the conductions could result in a violation of probation warrant being taken for the probationer’s arrest. After an arrest for a violation of probation, the probationer is not entitled to bond, thus cannot simply get out of jail as easy as it may have been when the probationer was first arrested and charged with the underlying crime.
Probationers are not entitled to the same legal rights as someone who has not been convicted, therefore it is critical to immediately obtain assistance after an arrest for a probation violation.
If you are facing probation violation charges, it is essential to know your legal rights to avoid additional penalties and consequences. Generally, you have the right to: receive written notice of the claimed violations against you, be heard by a neutral judge in court, attorney representation, and to present evidence and witnesses to support your case, or refute the evidence against you.
Penalties and Punishment for Violating Probation
Judges have broad discretion to enforce jail sentences or other penalties for probation violations, subject to the maximum limits of a particular state statute. Some of the lighter penalties for violating your probation include having to perform community service, attend rehabilitation or other programs. Other, more serious, penalties include having to pay large fines or having to serve time in jail. The judge may also revoke your probation altogether and require you to serve the remaining terms of your original sentence in prison.