Probation violation refers to an offence where the terms and conditions of the probation are broken. Associated consequences vary based on a number of factors like the exact nature and intensity of such a violation, early violations and circumstances which worsens the severity. The probation violation can lead to high penalties like jail time, extended probation and hefty fines.
Violation of probation
Laws of the probation violation differ based on states and primarily governed by the state and federal law. It mainly occurs due to ignorance, avoidance and refusal of probation terms and conditions during probation period. Probation usually runs from 1 to 3 years but also may last up to many years as per original offence.
Probation can be violated by various ways and circumstances leading to probation violation cover the following:
- Absence on a pre-planned court appearance at a fixed time and date.
- Failing to report the concerned probation officer on scheduled location or time.
- Non-payment of essential fines to the victim as per court order
- Visiting some places or people, travelling out of the state without taking permission from probation officer.
- Own, use and sell of illegal drugs
- Committing any crime or legal offence
- Facing arrest for committing an offence regardless of an identified criminal or nil.
Request or warning for court appearance
No rules mark the actual happenings post any reporting of probation violation. The probation officers do have wide discretions for issuing a warning or need the offender to appear into the court in this hearing. To decide, the probation officer considers the intensity and kind of condition which is violated, previous warnings or violations, etc. Probation officer is likely to request a kind of penalty when the offender is requested for court appearance.
Determining probation violation
Before sentencing, judge hears the entire case during a probation hearing for considering the violation during probation period. A judge considers things like nature, category and intensity of a violation claimed. Things like pre-probation violations and similar instances are also taken into account.
Sentencing takes place shortly post the hearing for those proved guilty of the probation violation. Factors considered by the judge to take a call include nature of offence, repeat or first time offender, manner of offence, etc.
Those facing the violation charges and sentence have certain legal rights which include the following:
- Have a written notice based on claimed violations
- Any neutral judge listening to the offender
- Resenting proof and evidence in their support
- Attorney representation
Penalties and Punishments
Due to such violations, judges are likely to impose a jail term or similar form of penalties. However, it is subjected to the limits of the state laws. Lighter penalties could be performing community service, attending rehabilitation, programs focused on behavioral improvement and boot camp. Serious penalties are likely to involve paying huge monetary fines to the suffered victim or serving a short jail sentence. A judge can revoke the probation altogether to need the offender serve the rest term of real sentence inside the prison.
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