When a court places you on probation as a consequence of a criminal charge, you will have a list of rules and conditions you must follow. If you end up violating any of these charges, your probation officer will notify the court, and you will be required to attend a probation violation hearing. If you are required to attend this type of hearing, here are several things you should expect during it.
The Judge Will Review Your Case and History
When the hearing takes place, you can expect the judge to take a close look at your case and history. During this time, the judge will want to know what your criminal record looks like, as this helps him or her decide how to handle the violation. The judge will also look at the type of violation you committed to see how serious it is. Judges take probation violations very seriously, and they will take their time as they review a person's case and history during a probation violation hearing.
It is important to know that the prosecutor in the courtroom works for the state, and it is his or her job to ensure that you get the necessary punishment for your crime. It is also the prosecutor's job to prove that you actually violated your probation. To do this, the prosecutor will present evidence that backs this up. If you did not commit the violation the prosecutor is stating, you will have to fight the violation by stating that you are innocent. You may also need to prove this through evidence.
The Judge Will Factor in Other Things
Secondly, you can expect the judge to consider other factors before offering a verdict for your case, and one of the most important factors the judge will consider is your probation officer's report. Your probation officer is the person you must stay in contact with while you are on probation. If you follow all the rules and conditions and if you are doing really well with your probation, the report should be favorable for you, even though you are now facing a violation. If you missed appointments with the officer, failed to do what you were required to do, or made mistakes against the conditions of your probation, the report is not likely to be favorable for you.
Additionally, the judge is likely to look at your attitude in the manner. Judges often respect those who are willing to take responsibility for their actions and those who show remorse for them.
There are a lot of different types of ways you can break probation, and some of the most common ones include failing a drug test administered by your probation officer or missing a required court hearing.
The Judge Will Render a Verdict
From the details of your case and the other factors involved, the judge will determine how to handle your punishment. The judge might simply keep everything the same, or the judge might add to it. The punishment you receive for the probation violation will depend on so many different factors, including the ones listed here. If the offense you committed was very serious, you may face jail time for violating your probation. You may also have to go through the charges again that caused you to be on probation to begin with.
If you are in legal trouble in any way, you should always talk to a criminal attorney for advice and tips, and you can do this by contacting a criminal law firm in your city. A criminal lawyer can help you through a probation violation hearing, too. Contact a law firm today to learn more.
