Probation violation is at the essence, an offense that happens when someone disturbs the condition of a sentence. Consequences that are involved with probation violation generally are dependent on a number of different things.
In San Marcos Probation Violation Includes:
- nature and seriousness of the violation
- whether prior violations are involved
- and whether there are other circumstances could affect the situation
A violation of probation could lead to severe penalties including:
- heavy fines
- extended requirements
- jail time, maybe more
How does Probation Violation Happen
Probation violation are different in every state but are generally congruent to federal and state law and in San Marcos. These violations happens when someone ignores, avoids, refuses, or breaks the terms/conditions of a probation sentence during the probation period.
Situations in which probation violation arise
- Not showing up for court
- Failing to report to a probation officer on time
- Failing to pay court appointed fines
- Going out of state against a court order
- Any drug involvement
- Becoming involved with other crimes
What happens after Probation Violation
While there is no definite pathway after a violation has taken place, but there are generally a few things that can happen. The first possibility is that you will receive a warning or be ordered to make a court appearance. In the event, that you need to go to court, the probation office, will likely require a penalty of sorts for the act. This could in turn lead to some jail time.
Keep in mind that the prosecuting attorney will need to prove a violation occurred by a likelihood of more than 50 percent. If found guilty of the violation, a judge may sentence extend probation, add terms to the probation, or revoke altogether. If revoked, the remainder of the original sentence timeframe may be be required to be spent in jail.
At the Law Office of Case J. Darwin Inc., we take these cases very seriously so if you or a someone you know has been accused for any sort of violation of probation, you need a criminal defense attorney who can defend your case.
For more information on probation violation in San Marcos or Texas, please review this article.