The sentencing options available to the judge will depend on how the judge structured the original sentence when granting probation. Imposition of sentence suspended.
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.
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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.
If this is the second or third time a defendant has violated probation, the chance that the judge will sentence the probationer to jail increases exponentially. Judges will become less forgiving each time a violation occurs. There are some circumstances where a judge may sympathize with a probationer who has missed a court appearance for a valid reason. For instance, if there was an injury to a child or there was a death in the family. In cases where the violation can be explained due to extenuating circumstances, the judge is far more likely to let the probationer off with a warning.
In a number of circumstances, judges will simply do whatever a probation agent recommends. In other cases, an aggressive prosecutor may recommend a stiff sentence.
In either case, it is necessary to have an experienced probation attorney help mitigate any damage that a violation will do. Judges can be liberal or conservative and among them, there are certain crimes that they may take a hardline stance on. In addition, if the judge is not in a particularly good mood that day, it could impact how he perceives your violation.
A judge may be compelled by law to sentence a probationer to jail time if they violate the terms of their probation. At the very least, it leaves you at the mercy of the court, and at the most, it can force you to serve unnecessary time. If you are charged with violating a probation sentence, having an attorney on your side who knows the prosecutors, the judge, and can effectively argue on your behalf will produce far better results than handling it alone.
The Indiana probation violation lawyers at Eskew Law have managed several cases just like yours. This field is for validation purposes and should be left unchanged.
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Call us today! Skip to primary navigation Skip to main content Skip to primary sidebar Violating Probation in Texas. Home » Frequently Asked Questions » Violating Probation in Texas If you violate probation for the first time in Texas, you can find yourself back to square one, facing the maximum sentence for your original crime.
Deferred Adjudication Probation Deferred adjudication probation occurs when the court delays your conviction and dismisses it if you satisfy all the elements of your probation. Straight Probation Straight probation occurs when the court finds you guilty but the judge allows you to serve community supervision instead of a more serious penalty, such as jail time.
They include the following: Enter a plea in response to the violation Present evidence in defense of your alleged violation Legal representation That being said, the prosecution only needs to prove, by a preponderance of the evidence, that you violated your probation.
Punishment for Probation Violation in Texas Your punishment is largely dependent on the type of probation you have violated. Straight Probation: You will be sentenced to serve the balance of the punishment in your original plea. You may have to serve the entire sentence. Deferred Adjudication: You may face the maximum penalty under the statute.
Common Probation Violations Even if your actions were not inherently illegal, if they violated the terms of your probation, you will likely find yourself in legal trouble. Some of the most common include: Leaving your county or state without permission to do so Committing another criminal offense The consumption of drugs or alcohol Failing to report to your probation officer Failing to report for substance abuse testing Failing to maintain employment Failing to perform assigned community service duties Failing to complete required educational programs For a free legal consultation, call What You Can Expect If you have been arrested for a probation violation, you will either be released on bond, or you will be held without bond.
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