Ideally, you should follow the rules of your probation so you can complete your sentence and move on with your life. Unfortunately, this does not always happen. If you have violated your probation terms, here is what you need to know.
What Consequences Could You Face?
After your probation officer files a revocation motion with the court, a judge is tasked with reviewing the circumstances of your case and determining whether or not to grant the officer's request. When the revocation motion is filed, an arrest warrant is typically issued. Depending on your county's laws, you could be forced to stay in jail until your case is heard by the judge.
Once the judge has reviewed your case, he or she can choose to either send you to jail or prison to serve out the suspended sentence or extend your probation. If the judge allows you to continue on probation, additional terms might be added to your terms. For instance, the judge might require you to report to the probation officer more often.
The judge could even add time to your original sentence. You could additional fines for the extended period.
Can You Fight It?
As with your original legal matter that resulted in the probation order, you can fight the revocation motion. The best argument that you have against the allegations of the probation order is that you did not do whatever prompted him or her to file the motion with the request.
For instance, if the officer filed because you failed to obtain employment, you could present evidence to show that you are employed. If you are self-employed, you will need to show that you are generating income to support yourself and that your business is considered legitimate.
If the allegations are true, you have to argue that you should be allowed another chance to follow the terms of your probation. Your argument should be shaped to fit the allegations.
For instance, if the officer requested the revocation because you were not attending drug abuse counseling as directed, you could argue that you did not have transportation to attend or that you were working during the available counseling hours if those arguments apply to your case.
Due to the seriousness of a revocation motion, it is important that you consult with a criminal defense attorney from a law firm like Abom & Kutulakis LLP. The attorney could potentially work with the probation officer to settle the matter without even going to court.