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.
No comments:
Post a Comment