What Happens If I Violate My Probation?

If you were charged with a crime, especially if it was a first offense, you may have been placed on probation. When a judge places someone on probation, they impose conditions of probation, such as not committing any new offenses, no drugs or alcohol, and keeping your probation officer up to date on changes to your address. Failure to follow the terms of your probation could lead to criminal charges for probation violation.

If you were charged with a probation violation, having experienced legal representation is crucial. The legal team at Just Criminal Law can evaluate your situation, advise you on how to move forward, and represent you in court as you combat the charges for a probation violation.

Just Criminal Law is based in Gillette, Wyoming, and provides advice and legal representation to people throughout Wyoming and in western South Dakota. Our criminal defense team is led by founding attorney Christina L Williams, who began her career in the Campbell County prosecutor’s office before entering private practice. To learn more about how we can help, contact our law firm today.

What Is Probation?

Probation is a criminal sentence that is served instead of going to jail. A defendant who is placed on probation is supervised by a probation officer who oversees the defendant’s probation and is tasked with ensuring they do not violate the terms of their probation.

What Is a Probation Violation?

A probation violation occurs when someone on probation does something that violates the terms of their probation. This can occur by doing something you are not supposed to do, or not doing something you are required to do. Common probation violations include testing positive for drugs, not attending counseling sessions or meetings with your probation officer, or committing a new offense.

What Happens When You Violate Probation?

The severity of the consequences for violating probation will depend on the seriousness of the alleged violation. If the violation is minor, such as missing a meeting with your probation officer or a court-ordered counseling session, you may only receive a warning. If the violation is severe, you may be ordered to appear in court for a probation violation hearing. If the alleged probation violation involved allegations that you committed another crime, you will also need to appear in court on the new criminal charges.

What Are the Consequences of a Probation Violation?

Every probation violation is different, but the consequences can include:

• A Warning. In cases of a first-time probation violation, especially if the alleged probation violation is relatively minor, you will likely receive a warning. Probation officers have significant discretion in cases of a first-time probation violation, and your probation officer may decide not to report the violation at all.
• Court Hearing. If your probation violation is more serious, you may be required to appear in court. You have the right to an attorney and will be given an opportunity to defend yourself.
• Sentencing. If the judge determines you violated your probation, you will be sentenced. The sentence could include a modification to the conditions of your probation. In more severe cases, the judge could revoke your probation and reinstate your original sentence. If your probation involves a new crime, you could be sentenced to jail for the probation violation and face additional criminal charges for the new offense.

If you were charged with violating your probation violation, you should understand that a probation violation hearing is very different from a criminal case. Unlike a criminal case, which is decided by a jury, probation violations are heard and decided by the judge alone. In addition, the burden of proof is lower. In a criminal case, the prosecutor must prove you guilty beyond a reasonable doubt. But for a probation violation, the prosecutor only needs to prove their case by a preponderance of the evidence. This is a much lower standard and means the prosecutor only needs to show it is “more likely than not” that you violated the terms of your probation.

If you are found guilty of a probation violation, the judge may add time to the period of your probation, impose new conditions of probation, or revoke your probation and send you to jail.

What Should You Do If You Were Charged with a Probation Violation?

If you are charged with a probation violation, even for a first offense, Just Criminal Law can help. Our legal team can evaluate your circumstances, advise you on how to proceed, and represent you in court. Depending on your circumstances, you will need to explain either why you did not violate your probation or, if you did, why it will not happen again. We can prepare a legal strategy and work with the judge and prosecutor to minimize the consequences of an alleged probation violation.

How Just Criminal Law Can Help

A probation violation can have serious consequences, and you need an experienced and dedicated criminal defense team on your side. Just Criminal Law can analyze your situation, help you evaluate your options, and protect your rights. Depending on your circumstances, we can explain why you did not violate the terms of your probation or ask that the judge give you another chance.

Contact Just Criminal Law Today

If you were charged with a probation violation, contact Just Criminal Law today to schedule your personalized case review and strategy session.

DISCLAIMER: The information contained in this article is offered for educational purposes only. This information is not offered as legal advice. A person accused of a crime should always consult with an attorney before making decisions that have legal consequences.