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What Will Happen if I Have Violated My Probation?

What Will Happen if I Have Violated My Probation?

What Will Happen if I Have Violated My Probation?

If you have been convicted of a crime, probation may be an option that will allow you to stay out of jail and avoid other consequences. Probation is a court-ordered punishment that allows you to remain in your community and serve your sentence under the supervision of a probation officer. Throughout your probation, you will have to meet many requirements, such as community service, submitting to certain drug tests, and perhaps even refraining from socializing with certain people.

Probation is taken very seriously by the courts. If you violate the terms outlined by a judge, you will face serious consequences. Below, our Missouri criminal defense lawyer outlines what those are.

The Probation Violation Report

Once you have violated the terms of probation, the prosecutor or your probation officer will file a report outlining the alleged violations. The report is filed in the same court in which you received your original sentence, as well as your probation term. Once the report is submitted to the court, a judge will either issue a warrant for your arrest or provide you with a notice of the hearing date. If you are given a hearing date, you must appear in court and answer the alleged probation violations.

Court Hearings

At the probation revocation hearing, you have two options. You can admit to violating probation and ask the court to continue the term rather than sentencing you to imprisonment. The other option you have is to deny the allegations against you and schedule a full evidentiary hearing.

At the evidentiary hearing, the prosecution must prove to the court that you violated the terms of your probation. If you choose to deny the violations, you should work with a Missouri criminal defense lawyer. A lawyer can cross-examine witnesses called by the prosecution and call witnesses of their own. Your lawyer will also know what evidence to present to deny the violations. 

The prosecution’s burden of proof is lower during these hearings. They do not have to prove the allegations beyond a reasonable doubt, as they do during the original trial. Instead, they must only reasonably convince a judge that you have committed the violations.

After the arguments have been made at the hearing, a judge will then make a decision on the case. The judge can decide to continue or extend the terms of probation or revoke probation. If your probation is revoked, you may have to serve jail time. For example, if you were convicted of a drug crime and were sentenced to five years in prison, the judge may have suspended the sentence, placing you on probation instead. If a judge decides to revoke your probation after a violation, you may have to serve the original five years in prison.

Our Criminal Defense Lawyer in Missouri Can Help After a Violation

If you are being accused of violating the terms of your probation, it is critical that you speak to a Missouri criminal defense lawyer. Scott A. Hamblin is an experienced and aggressive attorney who will fight for your rights so you have the best chance of avoiding jail or prison time. Call us now or contact us online to schedule a consultation and learn more about your legal options.

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