If you violate the terms of your probation, it can result in a variety of consequences. The specific consequences will depend on the nature of the violation and the discretion of the judge or probation officer. Some possible consequences include additional probationary terms, fines, community service, or even imprisonment. It is important to understand the specific terms of your probation and to comply with them in order to avoid any potential legal problems.
Complying with the rules and regulations of probation or supervised release can be a difficult task. While it is a preferable alternative to serving time in jail or prison, it still comes with its own set of challenges. One major risk is that the court has the power to issue an arrest warrant for violating any of the conditions of probation at any time. This puts a significant amount of pressure on individuals who are on probation or supervised release.
Violating Probation in Alabama
In Alabama, folks who have been convicted of a crime have the opportunity to reduce their prison sentences or avoid imprisonment altogether through the use of parole and probation. Parole allows for early release from prison, while probation allows individuals to serve their sentences outside of jail. However, obtaining parole or probation can be a complex process and it’s highly recommended to seek the help of a knowledgeable Alabama criminal defense attorney, like Travis Juneau. Both programs have strict rules and regulations, and any violations are dealt with severely, including the possibility of being sent back to prison. An Alabama parole and probation lawyer can work with clients to file a plea, or after a sentence has been handed down, to negotiate probation as an alternative to serving time in jail or prison.
Common Probation Violations
Probation violations can occur when a probationer commits a new felony or runs away from probation. The specific consequences of a violation depend on a variety of factors.
If a new criminal offense is committed or charged, a hearing for probation revocation will be scheduled. If the court finds that the probation terms were violated, the individual may be ordered to serve the remaining sentence in jail. If the new offense is a misdemeanor, the probation officer will decide whether to request revocation of probation. The severity of the misdemeanor conviction is a factor in this decision. For example, less severe misdemeanor charges such as disorderly conduct are less likely to result in probation revocation than more serious charges such as domestic violence.
Probation can be violated in many ways other than committing a new felony. Examples include failing to report on time, not maintaining a suitable job, or failing to pass a random drug test.
When a probation violation is not a result of committing a new offense, it is referred to as a technical violation. The consequences of a technical violation can vary. One possible consequence is known as a “dip.” This is a punishment that can be imposed by the probation officer, consisting of up to three days in jail. The probation officer may also request more severe consequences from the judge, in which case the individual has the right to a probation revocation hearing. A “dunk” is a possible punishment of up to 45 days in jail that can be imposed by the judge, although it is not always implemented. Dunks are usually reserved for repeated technical violations. Those being a repeated failure of a drug test, for example. Being charged with a new crime does not necessarily result in the revocation of probation.
What to do if you’re facing probation revocation
If you are facing criminal charges in Alabama, it is crucial to seek the assistance of a qualified Alabama criminal defense lawyer. An attorney can greatly impact the outcome of your case, whether it is a conviction or acquittal. Even if a guilty or no-contest plea is entered or the defendant is found guilty, a dedicated Alabama criminal defense lawyer can work with the court to secure a probationary sentence instead of a prison or jail sentence. We’ve worked with clients in Tuscaloosa and throughout Alabama for years, defending their rights and serving their best interests in front of the law. If you’re in need of experienced and dedicated legal counsel and representation, call our Tuscaloosa criminal defense office today.