Criminal Law Blog: Probation Violations
Probation is a sentence rendered by a court in lieu of jailtime. However, sometimes probation conditions are more challenging than one might expect. Depending on the underlying offense, a court may impose drug or alcohol testing to ensure you’re staying clean and sober throughout your term of probation several times a week or even once a day. Those requirements are in addition to potential community service, classes, and other hoops a judge may impose, as well as high fines and costs. This can be very overwhelming for probationers, sometimes leading to a violation.
A violation of probation is a report from your probation officer to the judge overseeing your case stating that you have done something to not comply with the terms of probation as part of your sentencing. When you’re violated, you will go before the judge to either admit to the violation or request a hearing wherein a judge will decide by a lower burden of proof whether or not you are guilty of the alleged violation. In most cases, it is recommended to plead guilty and admit responsibility to the judge for the mistakes you’ve made thus far, after which time the judge will sentence you for the probation. When this happens, the judge is entitled to do as he or she deems appropriate—which can range from extending your probation, to increasing your court fines, or ultimately terminating you from probation and sentencing you to a term of jail instead. This is why it can be very important to have the right attorney at your side to speak to the judge on your behalf when you’re summoned to court for a probation violation!
Nothing is more important than preserving your rights and your liberty! If you have questions about a possible probation violation, or have questions about any other aspect of criminal law, call the Law Offices of Joumana Kayrouz at 248-557-3645 and ask to speak to our criminal defense attorney today!