Penalties for Probation Violation

If you have been placed on probation, chances are that the court has asked you to do several things such as attend educational classes, attend drug and alcohol counseling, complete community service, or maintain contact with probation officers. If you fail to meet any of these conditions or fail to appear at a probation office, you are violating the conditions of your probation.

There are generally two types of probation violations: technical violation or substantive violation. A technical violation is any violation of either your general or special conditions of probation, including missing a probation meeting or not completing court-order classes. Substantive violations of probation occur when you commit a new criminal offense.

After the violation hearing, if you are found not to be in violation, your probation either continues or it will be terminated. If you are found guilty of the violation, you can be sentenced to whatever your original sentence could have been.

For instance, if you are found guilty of a violation of probation and the original charge was a first-degree misdemeanor, the maximum sentence you can receive is one year in jail. If you are found guilty of a violation of probation and the original charge was a third-degree misdemeanor, the maximum sentence you can receive is five years in prison.

Keep in mind, if you do not have an extensive criminal history, or if your violation was not so serious, it is possible that a judge will place you back on probation and give you a minor jail sentence. In many occasions, the State will seek the maximum sentence for a probation violation. If you do not have aggressive legal counsel on your side, the judge may be inclined to give the State what they requested.

If you have failed to meet the conditions of your probation and need experienced legal assistance in Seminole County, contact The Law Office of David A. Webster, P.A. today.