What To Do If You Were Charged with a Probation Violation

Probation is common as part of a criminal sentence, especially for a first offense. It is often imposed instead of sending a defendant to jail. If you were placed on probation, it is important that you understand the terms of the probation and what you can and cannot do. If you do not follow the requirements of your probation, you could be charged with a probation violation. The consequences of a probation violation can be severe.

If you were charged with a probation violation, the legal team at Just Criminal Law can help. We can evaluate your situation, advise you on how to move forward, and represent you in court hearings. Led by former Campbell County prosecutor Christina L. Williams, we have extensive experience representing people accused of crimes in Wyoming and South Dakota and can help you obtain an optimal result in your situation.

Contact us today to schedule an appointment to discuss your situation and how we can help.

What Is a Probation Violation?

As part of a criminal sentence, a judge may place a defendant on probation instead of sending them to jail. Other times, a defendant is on probation after serving a jail sentence.

When a judge imposes probation, the court specifies requirements that must be followed. These include things a defendant must do, like checking in with their probation officer, and things a defendant is prohibited from doing, like consuming drugs or alcohol or committing another crime.

A probation violation occurs when a person does not follow the conditions of their probation.

What Are Common Probation Violations?

Common probation violations include:

• Missing a court hearing
• Missing a meeting with your probation officer
• Failure to complete court-ordered community service
• Not attending a court-ordered treatment program, such as a substance abuse program, alcohol abuse program, or treatment program for sex offenders
• Visiting people or places the judge told you to avoid
• Not paying restitution
• Traveling out of state without permission from your probation officer
• Failing to comply with sex offender registration requirements, if you were convicted of a sex crime
• Violating the terms of a protective order or restraining order
• Failure to maintain gainful employment
• Failing a drug or alcohol test
• Committing another crime

Possible Consequences of a Probation Violation

You must take allegations of a probation violation seriously. If the judge finds you violated your probation, the consequences could be severe. The judge could impose more severe penalties from the underlying criminal charge. If the probation violation involved allegations you committed another crime, you could face additional criminal penalties.

What To Do If You Were Charged with a Probation Violation

A probation violation carries severe penalties. We recommend hiring a criminal defense team to help you fully understand the exact nature of the alleged violation and prepare a defense to increase the likelihood of a successful result.

Understand the Alleged Violation

If you were charged with a probation violation, understanding exactly how you are alleged to have violated your probation is critical. Our legal team can review the criminal complaint to identify exactly how you are alleged to have violated the terms of your probation. We can then use this information to craft a defense strategy to address the specific facts of your case.

Gather Evidence in Support of Your Defense

Sometimes a defendant made a mistake and did, in fact, violate the terms of their probation. In these cases, it is often best to explain to the judge why the probation violation occurred and the steps you have taken to prevent a future probation violation.

For example, suppose you were charged with DWUI and a condition of your probation was not consuming alcohol. Your lawyer can explain to the judge that the alcohol consumption was a one-time mistake that will not happen again. It may be beneficial to present evidence that you are attending AA meetings and are willing to submit to more frequent testing.

In cases where you did not violate probation, an attorney can explain the mistake to the judge and prosecutor and present evidence showing you did not violate your probation. For example, the alleged probation violation could be a case of mistaken identity or faulty results on a drug or alcohol test.

Attend Court Hearings

Appearing in court for an alleged probation violation is required and shows respect for the judge and that you take the issue seriously. Be sure to attend any scheduled court hearings regarding your alleged probation violation. You must show the judge and prosecutor you understand they are giving you a chance to prove yourself and that you do not take the situation lightly.

How the Legal Team at Just Criminal Law Can Help

The legal team at Just Criminal Law can evaluate your circumstances and provide advice and legal guidance to help you move forward. We can protect your rights and ensure you do not say something that could lead to exposure to additional criminal penalties. We will work with the prosecutor and the judge to minimize the potential penalties of an alleged probation violation.

Contact Just Criminal Law Today

To put our experience to work for you, contact the legal team at 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.