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A probation violation is no minor offense

| Apr 28, 2017 | Expungements And Probation Violations |

Very often, a criminal conviction comes with probation. Sometimes, the court orders probation in the place of jail time and in other cases it follows a jail sentence. Probation terms can be very strict and even minor violations can result in severe consequences. Punishments usually depend on how serious the violation is and if you have previously committed other violations.

If you have violated your probation, it is important to remember that you have the right to legal representation in order to defend yourself against the charges. Before you end up with court ordered jail time, fines, or a longer probation period, speak with a criminal defense attorney in the Chattanooga area. Read further for more information on probation violations.

Violations

In general, you can commit a probation violation by not abiding by the rules of your probation. For example, if you did not show up to a scheduled and required court appearance, it is a violation. In addition, if you do not report to your probation officer for scheduled appointments, the court might charge you with a violation. Other violations include not paying court ordered fines, leaving the state or county without permission, possession illegal substances, or committing another crime.

After a violation

After your probation officer reports to the court that you have committed a violation, several things can happen. Your probation officer might only issue you a warning if it was a first-time violation and not very serious. If it was a second offense or a serious violation, the court might order to you to attend a hearing. The officer in charge of your probation has the authority to decide the level of your violation and whether it warrants a court appearance or just a warning. If you have to attend a hearing, the officer will ask the court to punish you by paying additional fines, extending your probation, or prescribing jail time.

Your rights

If your probation officer reports you for a violation, it is important to know your rights before you take any steps to dispute the claim. You have the right to receive a notice about the violation in writing, the right to retain legal representation, and the right to present your case in front of a neutral judge. You also have the right to bring forth witnesses and evidence to prove that you did not violate probation.

If you are facing a probation violation charge, it is important to know your rights. A probation violation can lead to possible jail time, additional fines, and a longer probation term. Fighting against a violation charge can be very difficult and complicated. For help with your case, contact a criminal defense attorney in the Chattanooga area.

Source: Nov. 30, -0001

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