When a person is convicted for a criminal offense, he/she may be sentenced to probation in lieu or addition to other criminal penalties, including jail time, fines, and imprisonment. Many first-time offenders are able to avoid incarceration, as the law gives them the chance to redeem themselves by abiding to the terms and conditions of probation. Many people consider probation as a free ticket out of detention, though it is not that simple. During probation, one has to be on their best behavior, as they are under supervision of a probation officer. You are bound to respect certain restrictions, which may vary with the nature of your conviction.
Failing to fulfill the requirements or follow the rules of probation is called probation violation, which is an offense in itself. Anyone who is caught or observed breaching the terms of probation can expect serious legal consequences. The judge may revoke probation to impose a harsher punishment or reinstate it with stricter provisions. Whether the violation was willful or unintentional, you must contact Criminal Defense Attorney in Haddon Heights, NJ, to initiate damage control.
Common Types of Probation Violations
1. Skipping Appointments/Hearings
When under probation, you are obliged to report to your supervisor on a regular basis. The probation officer will decide a time and place in advance for every meeting, thus it is your duty to show up on time. If you are late once for a valid reason, the officer shall not count it as a violation. The court may invite you to attend hearings from time to time, in order to check your progress. Not appearing in court will create a bad impression of you and the judge may decide to detain you.
2. Not Paying Fines and/or Restitution
If paying court fines and restitution was part of your sentence, do not miss payment deadlines. If you cannot pay your dues on time for a genuine reason, you must inform the authorities to obtain a concession or extension of time; otherwise, you may have to pay for additional penalties.
3. Refusing the Supervisor’s orders
If your supervisor demands a blood test or search, always comply. You do not possess the standard rights of the 4th amendment to refuse such orders while on probation.
4. Visiting Prohibited People and Places
Given the circumstances surrounding a conviction, your probation terms may prohibit you from going to particular places and meeting with certain people. For instance, you may not be allowed to see friends who are convicted vandals, or visit places that encourage consumption of alcohol.
5. Possession/use of Drugs or Firearms
If you were convicted of a drug crime or DUI, possession/use of drugs and alcohol shall be identified as a violation. In case you were convicted of a felony, you lose right to license, purchase, possess, and carry any kind or weapon/firearm.
6. Not participating in Community Service
If community service was part of your sentence, do not treat it as a voluntary task. Complete the required hours of service without cutbacks to prevent probation violation.
7. Not attending or completing a Disciplinary Program
Individuals convicted of violence or drug-related crimes are often obliged to enroll in an educational or rehabilitating course. The probation officer will keep a check on your attendance and participation.
8. Not Working/going to School
Maintaining a job or doing well at school is also frequently a part of probation stipulations. If you can’t find work due to unruly behavior or skip classes, you could be sent to jail or prison.
9. Committing another Crime
Committing another crime while you are on probation for one is perhaps the worst case scenario. If you are convicted for the second crime as well, you will receive punishment for it and the probation violation separately.
10. Leaving State/Country without Permission
Most convicts on probation are not allowed to leave the state until the end of the probation period. If you need to travel for some important business, you must discuss it with your supervisor first.