What can happen if I violate my probation?
- on 04.25.09
- Violation of Probation
- Digg
- Del.icio.us
Violations of probation (VOP) hearings are serious matters that require a well thought out explanation to the Judge. The reason these hearings are so important is that the consequences are serious. Usually, you are looking serious jail or prison time if you have violated your probation.
The 2 Types of Violations
Technical Violation - Not reporting for probation, failing urine test, not paying fines.
Substantive Violation - You are charged with a new criminal offense while on probation.
There are usually three outcomes with VOP hearings.
Jail/Prison - If you have committed serious substantive violations or multiple technical violations, the Judge will probably give you some type of jail sentence or prison time if you do not have a good reason or defense to the new allegations.
Additional Conditions - The Judge may modify your probation and add additional conditions, such as more treatment or additional community service hours.
Dismiss the Violation - If you have a valid defense or very good excuse to the VOP, then they judge may decide to dismiss the violation altogether.
The bottom line here is that you should never try to address the Judge by yourself without discussing your VOP with an attorney. There are several things you can do from the time the VOP had been issued to your actual hearing date. These help to mitigate your sentence that the Judge will be imposing.
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