If you’re accused of failing to comply with the terms of probation, you could be facing jail time initially suspended or “conditionally discharged” by the judge. So, what happens next? Do you get a hearing? What’s the worst that could happen? Will you still be able to expunge the case later?
You should contact an attorney as soon as you’ve received notice an alleged violation. You can call me immediately at 502-371-7000 so we can discuss what did, or didn’t, happen.
From a judge’s perspective, someone on probation was given an opportunity to avoid a harsher sentence, usually jail. However, fines or other forms of punishment (community service, classes, etc.) may be required. Essentially, “probation” allows the Court to keep an eye on the case and is designed to help you get things back on the right track. I’ll work make sure this goal, and your best interests, are not forgotten.
Until this matter is resolved, you face the reinstatement of all punishments originally “suspended” by the judge, as well as any additional consequences the prosecutor may seek to tack on. Actions constituting a violation include:
- Being charged with another criminal offense while on probation
- Failing to pay fines and/or court costs on time
- Missing a meeting with your probation officer
- Not being able to be located by your probation officer, AKA “absconding”
- Failing to perform community service as directed
- Failing to enroll in any Court-ordered program (anger management, DUI classes, etc.)
- Failing a drug or alcohol screening test
- Failing to provide a urine sample when requested
- Early discharge from or voluntarily leaving a treatment program
- Associating with felons or known criminals while on probation
- Being found in possession of a firearm or dangerous weapon
BOTTOM LINE: Failing to abide by ANY of your probationary terms could mean jail time. For a free confidential consultation to discuss your probation violation contact me at 502-371-7000 or by e-mail.