Probation is a second chance. Instead of going to jail, a judge allows a person to stay at home. But with liberty comes guidelines. When these guidelines are violated, it is termed a probation violation. If that happens, the consequence can be dire. Most people in Dallas do not know how easy it is to violate probation. A single minute mistake can land you in jail. That is why it is always advisable to talk to a probation violation lawyer in Dallas if you're involved in a situation. They are familiar with the region's laws and will protect your rights.
Probation violations are not always intentional. At times, one forgets to attend court or a meeting with the probation officer. But the courts still do not take these offenses lightly. The judge can revoke your probation and imprison you. Let's look at some of the most common violations and what will happen when they occur.
Failure to Keep Appointments or Appear in Court
You must report regularly to your probation officer. Skipping an appointment with no valid excuse is a technical violation. It is the same when it comes to court appearances. The system counts on you being punctual. If you don't show up, the judge can have a warrant issued for your arrest. That jeopardizes your freedom. Judges will consider missed appointments as signs that you are not serious about probation.
Failure of a Drug Test
Probation generally involves frequent drug testing. Testing positive indicates a clean offense. It does not matter that it was an isolated mistake. Even such legal substances as marijuana can get you into trouble if the court requires that you remain clean. A failed drug test will get you warned, tested more frequently, sent to rehab, or even put in jail. Repeated failures usually lead to more serious consequences.
Being Arrested for a New Offense
This is a serious probation offense. If you are arrested while under probation, the judge will likely revoke your probation. You can be charged with the new crime and end up in jail for the initial crime; even minor charges, like shoplifting or disorderly conduct, can land you in big trouble. If your new arrest is for something more serious, like assault or theft, the judge will not be shy about giving you a second chance.
Failure to Pay Fines or Restitution
The court can force you to pay restitution, fees, or fines. Failure to do so is a violation. Some people just can't afford it, but the judge wishes that you would at least attempt to. You must inform the court if you cannot afford to. Failure to make the payments will lead to a court hearing. The judge will decide if you purposely failed to pay or if you just encountered hard times.
Traveling Without Permission
Few are aware that taking a trip on probation can be hazardous. Probationary restrictions typically include limitations on where you can go. You may not travel outside your state or county without first obtaining permission from your officer. Being gone without permission, no matter the reason, such as a family emergency, is a violation. It's always best to get written permission to leave town.
Not Finishing Community Service or Classes
The court can send you to community service, anger management, or other programs. If you fail to show up, it's a violation. Judges utilize the programs to instruct and mold you. Not showing up indicates you're not a man or woman of your word. The judge can respond by extending your probation or adding new sanctions.
Probation Violation Hearings
If you violate probation, the court will hold a hearing. You will have to explain what you did. The judge will decide if the violation was minor. You could receive new conditions of probation, such as a brief jail term, or both at this time. It is wise to have an attorney present at this hearing. You require an attorney to plead your case and prevent you from going to jail.
Procuring Legal Help in Sensitive Cases
In some cases, a violation of probation is for sensitive crimes. For example, an individual on probation for solicitation or solicitation-related offenses must comply with strict conduct regulations. If you are in this situation, a Dallas prostitution lawyer will help you understand what is at risk. They possess the experience to manage the case with more social stigma or legal complexity.
Probation grants you liberty, but not without conditions. If you do it correctly, you can indulge in the liberty. A small mistake can land you in jail. That is why you need to understand and observe your duties. If you feel you violated your probation, seek an attorney immediately. One slip should not ruin your second chance. With the proper help, you can get back in line and avoid the worst penalties.