Probation is sometimes imposed instead of a sentence that includes incarceration, or it may be added to a jail or prison sentence. A court has the discretion to choose what the conditions for a probation sentence will be, and if any of these conditions are violated, then the probation sentence can be revoked and a harsher sentence imposed. If someone is accused of violating probation, however, this is not a criminal charge. It is still one that will lead to a hearing where you will need the expertise of a criminal defense attorney to help you defend your future.

As a judge gets to create the terms of probation, there is a great deal of variety in the sentences that can be imposed, but most of them will include some of the following terms:

• Regularly reporting to a probation officer
• Paying restitution
• Community service
• Random drug and alcohol tests
• Random searches
• Finding and keeping a job
• Not owning a gun or any ammunition
• Keeping away from known criminals and not committing any further crimes

How Probation Sentences Get Revoked

If a probationer violates any one of the terms that is a part of their sentence, then their probation could be revoked. The probation officer could request a revocation hearing, a hearing at which the probationer has the right to an attorney. Only a judge hears this case (no jury trials), and a probation violation does not have to be proved beyond a reasonable doubt; a prosecutor would only have to establish that more likely than not, a condition was violated.

Usually speaking, however, a minor infraction is not enough to bring on these penalties, nor is an accidental violation. Even if you planned to break a term of your sentence, but then decided against it, you cannot be prosecuted for this. For example, if community service is part of your sentence, you probably won't get your sentence revoked because you missed a service date due to a dead car battery. If you missed community service because you went to a bar, however, that would probably get a probation sentence revoked.

Penalties for Violating Probation Terms

If a sentence of probation was imposed instead of fines or incarceration, then those suspended sentences could be enforced. Or more time could be added to a probation sentence, or new conditions could be added. In some cases, a probationer will not be penalized at all. Again, this is entirely in the court's discretion. It will depend on how the judge views the violation, the probationer's history, and what the probation officer and prosecutor say.

Of course, have a skilled legal advocate on your side could be of invaluable assistance if you have been accused of violating the terms of your probation, or if you think that you might have broken a condition. If a probation sentence is revoked, this could set you backwards. Do not delay. Find out how you could defend your future when you talk with a criminal defense lawyer on our directory today!