Probation is oftentimes one of the best bargains that a defendant can receive in court. While certainly better than imprisonment, probation does not mean that individuals are free. In fact, individuals will have to follow very strict guidelines during their probation, as the penalties of failing to meet these demands can be very severe.
The conditions within the agreement call on individuals to follow and obey all local, federal, and state laws along with reporting to their probation officer. Defendants will have to meet these conditions throughout their probation, along with other common-sense measures, as well as community service (conditional).
The penalties for failing to meet these probation conditions will lead to a violation. A violation entails serious consequences that depend on your criminal record, initial charges, and the charges that you violated. The largest penalty that you will face for violating your probation is jail time, and at the least, you may receive more time under probation.
After Violating Your Terms
Violating the terms of your probation can lead to a warrant for your immediate arrest. The probation officer will issue a surrender notice, which means that the defendant will have to appear in front of the judge. This judge may send out a warrant for a defendant’s immediate arrest.
The Initial Surrender Hearing
The first surrender hearing occurs when an individual is formally notified of their probation violation in court. Of course, these violations are only allegations, and the judge will decide if there is probable cause to these claims and if you will go to jail without bail until the day of the final surrender hearing. There can be no need for a final surrender hearing if the defendant has the support of a professional attorney.
Final Surrender Hearing
In the final surrender hearing, the judge will call on witnesses to testify either in favor or against the allegations of violations. Of course, calling on a professional attorney will allow them to cross-examine any witnesses as well as call other witnesses on their behalf. However, if there is sufficient evidence that the defendant is responsible for violating their terms, their attorney will have to negotiate the sentence that the judge will enact.
Violating your terms of probation can be a serious offense and can even lead to jail time. If you are looking to learn more about your probation and how to uphold the terms, contact Urbelis Law at (617) 830-2188.