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What happens if I violated my probation for the first time?

Criminal Defense Blog 2014 April What happens if I violated my probation for the first time?
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What Happens If I Violated My Probation for the First Time?

Posted By South Shore Criminal Defense || 9-Apr-2014

If you're on probation and you violate the terms of your agreement, then you may be in serious trouble. Courts are very strict with probation violations, and may even require you to serve your original sentence. While your probation officer may let you off with a mere warning, they may also make you appear for a hearing.

Fortunately, you still have the same rights at a hearing as you would at a criminal trial, including:

  • Receiving a written notice of the violation that the officer claims you committed
  • Representation by an attorney
  • Impartial hearing
  • Presenting witnesses and evidence to support your case

It is important to note, however, that the judge has more discretion on imposing jailing sentences, fines, and other penalties that he or she deems appropriate than in a criminal case. In addition, the probation officer only has to show that you violated your probation based on a "preponderance of evidence", meaning that you more likely than not, violated the terms. In a criminal case, the prosecution must show that you committed the crime "beyond a reasonable doubt".

How do I violate the terms of my probation?

Every probation order is different, yet some common violations include:

  • Not showing up to a schedule appointment with the hearing officer or a court date
  • Traveling outside your allowed radius
  • Drinking alcohol or engaging in drug-use
  • Committing another crime or infraction
  • Not paying fines or court fees
  • Not going to your community service or attending classes
  • Not wearing an electronic monitoring device
  • Didn't take an ordered drug test

What should I do now?

To make sure that you have a tough defense strategy for your probation violation, call South Shore Criminal Defense for experienced representation. Their attorneys have handled thousands of cases and have extensive knowledge of the Massachusetts legal system. Call the firm's office today to schedule your free consultation, before it's too late!

Categories: Criminal Defense, Probation Violation

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