Probation Violations

In virtually all criminal cases, once a conviction occurs a period of probation is imposed on the defendant. In misdemeanor cases, the probation is informal, meaning that there is no requirement for the person to report to a probation officer. Usually, the only requirement is to obey the law during the probationary period.

Felony probation is usually formal, requiring the defendant to report to a probation officer on a regular basis.

When a defendant who is on probation violates its terms by picking up a new offense, this triggers a probation violation hearing. At that time, the judge can impose up to the maximum penalty in the probationers original case. For example, a person convicted of a DUI could be sentenced to a maximum jail term of six months. If that person violates any laws during probation, his exposure could be up to six months in jail plus whatever punishment of penalties may arise out of the new offense.

A skilled defense lawyer can be a highly valuable asset in dealing with a probation violation issue.