Common Probation Violations to Avoid
When someone pleads guilty to a crime, or a court finds a person guilty of a crime, the time they spend behind bars may not be as lengthy as you think. It is incredibly common for a person’s sentence to include some amount of “probation” time.
Probation allows for individuals to serve a portion of their sentence – sometimes even the entirety of their sentence – out of jail/prison and in the regular community. There are certain rules and terms that individuals who are on probation must adhere to and follow. Violations of probation can result in being put behind bars.
To maximize the opportunity to succeed while you or a loved one are out on probation, read on to learn about some of the most common probation violations. Your life will be easier if you understand and avoid these common pitfalls.
Common Probation Violations
Violating the terms and requirements of your probation is a quick way to end up behind bars. Beware the following, common issues encountered by those carrying out a probationary term.
- NOT REPORTING TO THEIR PROBATION OFFICER
Under supervised probation, individuals are required to periodically report to their probation officer. This might be done over the phone, but individuals may be required to report in person at times as well. If a probationer does not report or ceases to communicate with their probation officer, that officer can issue a probation violation warrant.
- FAILING A DRUG SCREENING
Many probation terms will include a requirement for the individual to undergo periodic drug screenings. If an individual fails a drug screening (tests positive for drugs) and they do not possess a valid prescription for that drug, the probation officer can issue a probation violation warrant.
Probation terms and conditions will vary across individual cases. However, it is important to understand that in all likelihood if you are ordered to undergo drug screenings, the court and your probation officer are expecting you to test clean from any unprescribed medication/illegal drug. Lets say, for example, that an individual is charged with possession of cocaine and ordered to pass drug screenings as a condition of their probation. The probation officer may issue a probation violation warrant if cocaine is absent on the screenings, but the test shows you have unsubscribed oxycodone in your system.
Terms of your probation might also include prohibitions against drinking alcohol. Make sure that you fully understand the terms of your probation so you do not unknowingly break the terms of your probation.
- NEW CRIMINAL CHARGES
If a person on probation is arrested and receives new criminal charges, this will lead to a probation violation.
Consequences of Probation Violation
If a probation violation occurs then the probation officer can issue a violation warrant. If the judge receives, reviews, and signs this warrant within the probationary period then the probationer will be served with the warrant. The court will then determine whether the probationer is, in fact, in violation of their probation.
If the court does determine that the terms of probation were violated, various punishments might be enacted. It can be very helpful to enlist the help of an experienced criminal attorney to ensure you understand your rights and your interests are represented to the fullest extent of the law.
Contact Fort, Holloway & Rogers
The Franklin criminal defense lawyers at Fort, Holloway, & Rogers, LLC include a former prosecutor, and a team of experienced criminal defense attorneys. Our team can carefully review the nuances in your case and help advocate for you. Contact our office today to get started.
Sources:
williamsoncounty-tn.gov/229/Adult-Probation
law.justia.com/codes/tennessee/2021/title-40/chapter-35/part-3/section-40-35-303/#:~:text=If%20the%20court%20determines%20that,of%20confinement%20for%20a%20period
