If you’re accused of failing to comply with the terms of probation, you could be facing jail time initially suspended or “conditionally discharged” by the judge. So, what happens next? Do you get a hearing? What’s the worst that could happen? Will you still be able to expunge the case later?
My first advice is to contact an attorney as soon as you’ve received notice of or are arrested for an alleged violation. You can call me immediately at (502) 200-4482 so we can discuss what did, or didn’t, happen.
From a judge’s perspective, someone on probation was given an opportunity to avoid a harsher sentence, usually jail. However, fines or other forms of punishment, like community service or classes, may also be involved. Essentially, “probation” allows the Court to keep an eye on the case and is designed to help you get things back on the right track. I will work make sure this goal, and you, are not forgotten when dealing with violation allegations.
Until this matter is resolved, you face the reinstatement of all punishments originally “suspended” by the judge, as well as any additional consequences the prosecutor may now seek to tack on. Actions that may constitute a violation include:
- Being charged with another criminal offense while on probation
- Failing to pay fines and/or court costs on time
- Missing a meeting with your probation officer
- Not being able to be located by your probation officer, AKA “absconding”
- Failing to perform community service as directed
- Failing to enroll in any Court-ordered program (anger management, DUI classes, etc.)
- Failing a drug or alcohol screening test
- Failing to provide a urine sample when requested
- Early discharge from or voluntarily leaving a treatment program
- Associating with felons or known criminals while on probation
- Being found in possession of a firearm or dangerous weapon
BOTTOM LINE: If you fail to abide by ANY of the terms of your probation, you could face revocation and imposition of jail time. For a free consultation please contact me at (502) 200-4482 or contact me via e-mail.