If the judge initially suspended the imposition of sentence, the judge can impose any sentence authorized at the time probation was granted. Basically, this option leaves the door open for the judge.
Say Daniel is convicted of theft with a maximum sentence of five years in prison. The judge suspends imposition of sentence handing down the sentence and grants him three years of probation with an order to serve six months in jail as a condition of probation. If Daniel violates and the judge decides to revoke and terminate probation, the judge can sentence him to credit for time served six months up to the maximum of five years in prison.
Execution of sentence suspended. If the judge originally suspended execution of sentence, the judge has already chosen the sentence that will be imposed if probation is revoked. In this case, the judge imposed handed down the sentence but stopped short of executing it sending the defendant to prison. The judge sentences him to three years but suspends execution of the sentence and grants him three years of probation. If Daniel violates probation and the judge decides to revoke and terminate probation, the judge has no choice but to send him to prison for three years the five-year maximum is off the table here.
If you think you might be in violation of the terms and conditions of your probation, talk to a lawyer. A lawyer can review your terms with you and advise you on how to respond to a potential motion to revoke probation.
If you face a revocation hearing, be sure to consult an experienced criminal defense lawyer who can represent you in court. Violating your probation can land you in jail or prison. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising.
In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Lawyer Directory. Call us at 1 What Are the Consequences of a Probation Violation? A probation violation can carry serious consequences. The judge can continue the probation term with or without modifications, such as adding conditions or extending the term, or revoke probation and send the person to jail or prison.
Types of Probation Violations Judges set the terms and conditions of probation at sentencing. Technical Violations A probationer commits a technical violation by disobeying the supervision rules.
Examples of technical violations include: missing an appointment with a probation officer testing positive for drugs or alcohol willfully failing to pay fines and restitution skipping court-ordered counseling or community service leaving the state without permission failing to maintain employment or attend school, and visiting people or places prohibited by the terms of probation.
Substantive Violations Substantive violations of probation occur when probationers commit new crimes while they are on probation.
Is Parole the Same as Probation? What happens when someone violates probation in this state? Jail is one possibility. Keep reading to learn how probation violations are handled in this state.
When a judge orders probation for a convicted offender, the state is giving that offender the opportunity to remain at home and live in his or her community. Probation can be ordered along with or instead of prison or jail for a felony or misdemeanor conviction. You need to be advised and defended at that hearing by an attorney with substantial experience handling VOP cases.
Probation in California always has conditions and terms. Violating any term or condition of probation almost certainly triggers a VOP hearing. If you are arrested and charged with another crime while you are serving probation, you will be prosecuted for the new charge, and the probation you are serving will most likely be revoked. In California, probation allows convicted offenders to spend less time in jail or serve no jail time at all.
When a judge in North Carolina imposes a sentence, he can suspend the sentence and place the person on probation for a period of time with conditions that the probationer must meet over a specific period of time in order to not serve his sentence. There are two types of probation in North Carolina:. There are a variety of ways that you could violate the terms of your probation, and understanding what is considered a violation can help you avoid not complying with the terms of your sentence.
Common probation violations include:.
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