Violating a Term of Probation Can Send You Back to Jail
Probation can be awarded in lieu of jail sentencing, or someone can be released on probation for good behavior. However, violating any term of probation can send the convict directly back to jail.
Probation is a sentence whereby the convict is released from confinement but is still under court supervision. People can receive probation in lieu of a prison term or it can suspend a prison sentence if they have consistently demonstrated good behavior.
In our criminal justice system, probation is a type of sentence for criminal defendants. In some cases, a judge may order probation in addition to a period of incarceration; for example, a person might serve a portion of a jail sentence and, after release, they might be placed on probation for a number of months or years.
When a defendant is released back into the community while on probation, it is done so under certain conditions, such as paying fines, doing community service or attending a drug treatment program. If a defendant violates any terms of their probation, such violations can result in incarceration.
With Americaís overcrowded prisons, many people that are convicted of crimes are placed on probation instead of being sent to prison. During their probation, they are expected to stay out of trouble and meet a variety of requirements imposed upon them.
Individuals who are placed on probation are under the supervision of probation officers, who are also called community supervision officers in some states. Probation is ordered by a judge, whereas parole is ordered by a parole board. Probation is reserved for people who serve a short jail sentence, and is not combined with a long prison sentence.
The terms of probation can vary from person to person; for example, a judge may order a person who was convicted of carrying a small amount of marijuana to complete a drug treatment program or, the judge might order a person convicted of domestic violence to stay away from their spouse. If the person violates any of the terms of probation, the judge can either impose additional terms of probation or, they can order the person to serve a prison sentence.
The majority of criminal offenses fall under state jurisdiction. Judges in the state courts have a wide discretion in sentencing. When a judge is considering a violation of probation, they will take a number of factors into consideration before making a decision. They will consider the personís criminal history, their position in the community, and the nature of the criminal offense.
If you have violated any terms of your probation, it will be essential to have a highly effective criminal defense attorney handling your violation case. Since judgeís have a broad discretion, having a well prepared defense will make all the difference in the outcome of the proceedings. The more prepared you are, the better your chances of avoiding a one way trip to jail. Donít hesitate to contact a criminal defense attorney today.
ABOUT THE AUTHOR: Goldman & Associates
Goldman & Associates is a seasoned criminal defense firm proudly serving the residents of the Chicago area. The legal team at their firm understands what you are going through, as they have helped clients overcome all sorts of criminal charges. Their vast understanding of the criminal justice system will give you an advantage when fighting your charges. They make every effort to minimize, if not destroy the prosecutionís case against you. In every case, they work to reduce the consequences that their clientís face.
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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.