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Probation: What Are the Conditions & What Happens if You Violate Them?
To know the conditions of your probation and the repercussions if you violate it is one of the most important aspects of informing yourself on the different types of standard probation. However, you should not stop there, as there are other important details you need to pay attention to when learning about probation.
You need to learn more about how AB 1950 changes the rules of probation, as well as how deferred probation is different from regular probation. If you experience any difficulties getting to grips with the nuances of probation, you can always consult a San Diego’s reputable post-conviction attorney. But, first take a look at what could happen if you violate your probation.
What are specific conditions of probation?
When placed on probation, individuals found guilty of a certain crime have to follow a series of rules and conditions that will allow them to remain outside of jail. Here are the most common conditions of probation the majority of offenders have to comply with.
- Paying fees: Commonly, individuals on probation are required to settle various probation fees. They can also be requested to pay other fees, such as fees to the victim’s fund or paying the victim restitution for their crime.
- Abstaining from using alcohol or drugs: Individuals on probation usually mustn’t take any alcohol or any drugs. This is common even if the crime itself had nothing to do with drugs or alcohol. The probation officer is permitted to test the individual for alcohol or drug use.
- Attending alcohol or drug treatment or rehab: If alcohol or drugs were contributing factors during the criminal activity, the court will most likely require the individual to attend some sort of treatment or counseling program. The probation officer provides the evaluation of the necessity for such services.
- Maintaining employment: Sometimes, a probation requirement is to secure gainful employment and maintain it during the duration of the probation period.
- Permit visits: The individual placed on probation will most likely have to permit their probation officer to visit them on a regular basis in order to check if the individual is complying with all the probation requirements accordingly.
- Completing sex offender treatment: If an individual is charged with a sex crime, or if the individual has a history of such crimes, it is mandatory for them to undergo a treatment program for sex offenders.
- Completing mental health evaluation: Sometimes, and depending on the crime committed, the individual on probation will have to complete a mental health evaluation program.
- Obeying all laws: Finally, without taking into account other specific conditions of an individual’s probation, every person on probation has to obey all the federal, state, and city laws.
What happens if you violate your probation for the first time?
When it comes to violating probation for the first time, there are several potential outcomes and consequences you might face. Let’s take a look at what you risk happening to you, even if it’s your first time violating a probation sentence:
- Warning: If the violation is just a mistake or a minor infringement, there is a good chance you will only receive a warning. The probation officer can even decide not to report the situation and handle it on their own.
- Court appearance: The probation officer can request you to appear in the court of law, and this might signal the possibility of receiving a more stringent penalty, or jail time. You have to show up at court, otherwise a warrant for your arrest will be issued.
- Court hearing: The judge will grant you the opportunity to have your side of the story heard, and you can explain you have chosen to violate your probation in the first place.
- Sentence: The most probable sentence from the judge is an extension of probation for first-time violators. Also, the judge can request you to put in more community service hours, or enroll into a rehabilitation program.
Who is San Diego’s foremost post-conviction attorney?
Being familiar with the specific conditions of a probation and the consequences of violating those conditions is essential for ensuring you’re behaving appropriately during this difficult period. If you’re ever in doubt about the terms of probation, you can always turn to Monder Criminal Lawyer Group and get all the answers you need.
Vik Monder has a team of exceptional legal minds who are familiar with all the nuances concerning the conditions of probation. You can contact us per your convenience, or find us near Pacific Beach. We’re here to help you with any legal difficulties you might have. Get in touch today!