If you’re on probation or know someone who is, understanding the ins and outs can feel overwhelming. Probation is a chance to stay out of jail by following certain rules, but what happens when those rules are broken? There may be consequences of the violation of probation like jail time. This article breaks down everything from the basics of probation and its conditions to what a probation violation could mean for you and some of the consequences that could happen.
First we have to define what probation is. Probation means you get to stay out of jail, but you have to follow some rules set by the court. It’s like a test to see if you can stay out of trouble. There are different kinds of probation, with some people checking in with a probation officer and others just having to stay clean and not commit more crimes.
When you're on probation, the court will ask you to do (or not do) certain things. This could include going to a job, not hanging out with certain people, doing community service, or staying away from drugs and alcohol. These rules are there to help you get back on track and make sure you’re not a risk to others. If you mess up and break these rules, you’ll have to go to a special hearing. It's kind of like a mini-trial where the court decides if you really broke your probation rules. You can tell your side of the story, bring in evidence, and even have a lawyer help you out. If you do break them it will be a probation violation.
Probation violation is when a person causes an offense to occur that breaks the terms or conditions of their probation. Occasionally, jail probation happens in the place of jail time. But, when the probation is violated, judges feel as if they need to violate the individual’s probation and give them a punishment. Jail probation is violated when the person commits another criminal offense while on probation. These people that are charged with probation violations have to suffer serious consequences, which may be heavy fines or extended jail time.
However, much like a criminal case, you will have a hearing in court. During the hearing, your attorney can give evidence to tell your side of the story, and provide a solid argument in your favor. Although, be sure to exercise your rights, including your right to remain silent when needed. If you are going to use this right, you need to specify that you are using the right at the time you wish to do so.
The question as to whether the judge will sentence you to jail time for violating probation, prison, or simply pay fines depends on a number of factors, including the following:
If you have violated your probation you may be asking the question " Will I go to jail for first probation violation". Because this is only your first probation violation, your punishment or consequence will be less severe than if this was your second or third time violating probation. For example, fines or jail time may not be as big or long.
If you failed to pay fines, you can’t be sentenced to jail. If you had drugs, the judge may send you to a rehabilitation center. However, if you’ve had a drug overdose many times, the judge can put you in jail or extend your jail time.
The mood of the judge can typically impact how he perceives your violation, therefore be sure to choose an attorney that is very experienced and can successfully argue a position that will resonate with the judge.
Depending on the seriousness of the violation, the judge can hold you in jail for as little as a few months to a few years.
A bail bond is the amount of money that is posted on a defendant’s behalf to secure their release. If you violate jail probation, posting bail will be very difficult. But this doesn’t mean it’s not possible. The law doesn’t say you must have a probation violation bond, but the judge sets one up for you unless they don’t want you to be released at all. The law requires the judge to set a bond amount. However, it is often very expensive to make it financially difficult for you to afford. You can hire a bail bondsman to help and co-sign a bond, but it can still be expensive even after that.
You can be sentenced in jail for up to the amount allowed of the underlying offense. To put into perspective, a fifth-degree felony crime results in a 12-month prison sentence . Jail time for violating probation can be a maximum of 3 years. The difference between jail and prison are similar, but aren't exactly. Might as well just stay out of both.
Depending on the seriousness of the situation, the probation violation can be dismissed. Be prepared for your court date because the judge will decide whether it will or not during the hearing. For example, if you were sentenced to one year in jail on your probation, the judge may have you stay in jail for the remaining time without any serious consequences.
Probation violation bonds are more expensive than other bonds because the probation officer realizes the original bail bond wasn’t enough to keep you from violating your probation. Be sure to talk to a bail agent when you’ve violated your probation if you don’t have enough money to post the bail.
If you or someone you know needs help getting a bail bond, Sportsman’s Bail Bonds can help. We do our best to get you results fast. You can call us at 801-623-6877 or contact us online.