Sunday, September 20, 2015

I'm Not Going To Jail! But I'm On Probation?



You have just pled guilty to a criminal charge and the Judge has suspended all of the jail time but has placed you on active probation. Congratulations! You are not going to jail but are you wondering what probation is?

Probation is the suspension of a jail sentence that allows a person convicted of a crime a chance to remain in the community, instead of going to jail. Probation requires that you follow certain court-ordered rules and conditions under the supervision of a probation officer. Typical conditions may include performing community service, meeting with your probation officer, refraining from using illegal drugs or excessive alcohol, avoiding certain people and places, and appearing in court during requested times. More likely than not, you may be ordered to perform some sort of evaluation (i.e. alcohol drug evaluation, domestic violence etc.) and follow the treatment program recommended by the State certified evaluator. Now you may be wondering, how long is this probation going to last?
The amount of time you are on probation depends on the offense and laws of your state. Typically, probation lasts anywhere from one to five years on misdemeanor cases, but can last longer and even up to life depending on the type of conviction, such as drug or sex felony offenses.

The conditions imposed while on probation relate to the type of criminal offense. For example, a judge may require you to submit to periodic drug testing or attend a drug rehabilitation program for a drug-related offense. Similarly, a judge may require that you avoid specific people or group members for a gang-related or battery type of offense. Most understand what is required of them while on probation because the Court typically makes it very clear what conditions the defendant must follow. Moreover, the assigned probation officer usually will review all of the conditions once the defendant is placed on probation. The defendant would also receive all of the conditions of probation in writing. The majority are able to get through probation successfully but what happens if you violate the conditions of probation?

Probation violation occurs when you break any of the rules or conditions set forth in the probation order at any time during the probation period. When a potential violation is discovered, your probation officer has the discretion to simply give you a warning, or require you to attend a probation violation hearing. If a judge determines that you violated your probation, you may face additional probation terms, heavy fines, a revoked probation, jail time, or more.

A revoked probation does not automatically mean you will be sent to jail. A judge has a variety of options available during sentencing. For instance, upon a revoked probation, a judge may add an extra length to the probation, impose additional fines, or require you get additional counseling or attend other treatment programs. Even so, a judge may order you to serve a brief period of time in jail, or require you to serve the time allotted on your original sentence, depending on the circumstances. Upon a probation violation, you may request a bail hearing in felony cases to allow you to remain free for a brief period of time before having to serve time in jail or before a judge makes his final determination.

If you or a loved one is in a bind as a result of a criminal charge, immediately contact a Seattle Criminal Attorney. A Criminal lawyer is not going to judge you, and understands that everyone makes mistakes. Hiring a Seattle Criminal Lawyer to help can – at a minimum – reduce penalties, and can help direct people on how to best deal with their criminal charge, and many times even get them dismissed. So it should go without saying that someone cited for a misdemeanor or felony should hire a qualified Seattle Criminal Lawyer as soon as possible. Criminal charges can cause havoc on a person’s personal and professional life. Anyone charged with a crime in Washington State should immediately seek the assistance of a seasoned Seattle Criminal Lawyer.

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