When you get placed on probation, you have an opportunity to maintain your life as it was before your conviction as long as certain conditions are met. Typically, when facing probation, you have specific rules and regulations you must follow to avoid spending a lengthy sentence in prison. However, you may also face accusations of violating your probation.
After being accused of a probation violation, you may need to take action to protect your probation agreement. Without it, you may be subject to imprisonment for the rest of your sentence or even potential criminal charges. Rather than accepting any penalties that come with a violation, you can take steps to determine your most likely outcomes and what you can do to defend your future.
What Counts as a Probation Violation?
Generally, a probation violation simply means that you have broken the terms of your probation and may face penalties, according to the Colorado Springs Municipal Court. Your probation terms are built on your following the probationary rules, usually as part of a plea agreement, and if you fail to do so, it can result in your probation being revoked. Below are just a few possible violations you may be accused of:
- Failing a drug test
- Getting arrested while on probation
- Failing to follow case-specific rules
- Failing to attend check-ins with a probation officer
- Failing to pay fines
Your probation may be in danger if you have been accused of any of these violations. While you may not lose your probation rights outright, mistakes during a probation hearing can lead to your probation being revoked. Understanding and preparing for these potential outcomes can help you navigate this situation.
Probation Violations Have Three Main Outcomes
When you are accused of violating your probation, you may face a few common outcomes. In some of these cases, you may lose your probation rights outright, but you may also have opportunities to maintain your current situation. These outcomes will depend on the evidence against you, your defense, and the judge’s decisions.
Revocation
If your probation is revoked, you will no longer be on probation. Instead, your probation agreement will end, and you will serve the rest of your sentence in jail or prison. For those trying to maintain a job, education, or household duties, that can be a devastating blow.
Continuance
However, the judge may simply decide to continue your probation in other cases. That means you will remain on probation as you did before, without penalties or modifications. A successful hearing can help you get these results.
Modification
In other cases, you may be able to continue your probation, but the judge may make changes to your plan. For example, if you violated your probation agreement by visiting a place you once purchased drugs from, the judge may require random drug testing throughout the remainder of your probationary time. While you will be able to keep your probation agreement active, you may find it more challenging to maintain your situation.
You Have a Chance to Avoid Severe Penalties at Your Hearing
Fortunately, you do not have to simply accept whatever judgment the hearing judge passes down for your case. You can take action to pursue a better outcome for your probation violation hearing. With the right evidence, you may be able to have your violation accusations dismissed at your hearing.
The process of avoiding severe penalties begins with significant evidence. For example, you may have been accused of breaking your probation by going to a bar against your probation agreement. In these cases, you may have evidence that you could not have been at the bar at that time.