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Probation Violations Must Be Carefully Handled

Jan. 3, 2019

One of the possible sentences that a person facing a felony might encounter is being placed on probation. When this occurs, you will have to report to a supervision officer who will ensure that you are complying with the terms of the program. If you don't do what's required of you, the probation officer can file a violation with the court.

Everyone placed on probation is provided with a list of the rules they are expected to follow. While some of these remain consistent through all cases, the circumstances of your case might change the requirements some. For example, a person convicted of a drug charge might have to undergo random drug testing to determine whether they are complying with the requirement to remain drug-free.

Some of the other conditions that you might have to meet include avoiding committing additional crimes and making it to your court dates. You'll have to pay your fines and restitution, as well as making visits to your probation office. You might be forbidden from associating with other individuals who are felons or who have pending criminal cases.

If you violate the terms of your probation, your supervision officer might opt to file a violation. This means that you will face a judge who will look at the evidence and determine whether it meets the standard for a probation violation. This must be done by a preponderance of the evidence, which means that it is at least 50% likely that the violation occurred.

You can face having to go to jail or have a delayed sentence enacted if you violate your probation. Since you face a judge and not a jury in connection with this matter, you need to ensure that you are fully aware of the applicable laws and how to present your defense.