Attornio


Violation of Probation

The courts are able to legally grant second chances to criminals in many different ways such as expunction and pardoning a crime. Another way that a convicted criminal can regain a similitude of freedom is through completing probation. Probation is a period of time where the convict is not incarcerated and is subject to a plethora of rules, meetings, and regulations if they want to stay out of jail. A convict can be given probation to complete the remaining time of a jail sentence or even in lieu of going to jail at all. Probation is an option for many misdemeanors and "probation-able" felonies.

You must follow the rules of your probation
As stated before, if allowed to be on probation, the convict must adhere to rules set by the court and their probation officers. Many of these regulations include keeping a distance from certain areas, for example a school, if they are a sex offender, abiding by a curfew, keeping a job, and living in a specific area.

There are a few levels of probation which and they are intensive, standard, unsupervised, and informal probation. The intensive supervision requires the convicted person to constantly be tracked and many times to stay inside the confines of their homes. Under standard and unsupervised supervision, the convict is required to meet on a regular basis with their probation officers and, with outstanding progress, can be taken off of probation.

The most relaxed form of probation is informal supervision where the convicted criminal is not required to meet with their probation officers but they are subject to drug testing and occasional searches. Regardless of the level of probation sentenced, the rights given through the fourth amendment, guarding citizens from unlawful search and seizure, are immediately revoked. But, probation cannot be taken lightly or seen as an opportunity to deceive the law and its apparent mercy.

How to avoid a violation
Avoiding a possible violation of probation is very easy; one just has to adhere to the rules set by the court at their sentencing. For instance, if a condition of a convicted stalker's probation is to never contact their victim, through any medium, then they should refrain from doing so. But, if the court discovers that the convict has sent a letter to the victim regardless of the innocence or intention, that is a direct violation of their probation and the appropriate consequences will follow.

Also, if a convict who is on probation misses their meetings with an appointed probation officer, then that officer can re-enter their case back into the legal system and the convict's sentence will be at the discretion of a judge. Therefore, the best way to avoid violations of probation is to adhere strictly to the conditions of their sentence and to live a reformed life to show the court that their decision has made a beneficial impact on the convict and in society.

This is a very serious offense
Violating probation is a serious matter because it could jeopardize the convict's ability to retain probation or it could nullify the agreement with the court and put them in prison. A violation of probation is when any term of the probation is broken. Terms of the probation could include abstaining from drugs and if during a drug check, traces of drugs are found in the body of the convict, they are in complete violation of their probation.

Probation is a sentence with conditions and even though it appears to be a better deal than imprisonment, if the conditions are compromised, the convict is subject to re-sentencing and could possibly receive the maximum prison sentence. Just like expunction and pardons, probation is a gift, a second chance given to a convict by a court that showed faith in a person's ability to change.