Types of probation violations and how to protect your rights

If you’ve been convicted of a crime for the first time, your punishment might consist of probation instead of jail time. Probation is a common alternative to incarceration for first-time offenders, and gives them the benefit of the doubt that they won’t commit the crime again. When you meet with your probation officer, they will lay out the rules and terms of your probation. A probation officer plays an important role in ensuring compliance with these terms, and as such, they can accuse a convicted offender of a violation.  Below are the two types of violations that can occur, both of which can result in an arrest warrant.

1. Breaking a Technical Probation Term

After you are convicted of a crime and receive probation, violating the terms of your probation is considered breaking the law. This offence can result in an extension of your probation, a fine, or possible jail time. Here are some examples of technical probation terms that should never be broken:

•    Appearing in court as ordered

•    Meeting with probation officers as scheduled

•    Paying restitution or carrying out community service

•    Attending for assessment, treatment, and/or counselling as directed

2. Violated Probation by Committing a New Crime

Even if you are on probation for an entirely different offence, if you commit a crime and are caught, you are breaking the terms of your probation. If you are convicted of a probation violation, you could face an extended probation period and may serve jail time.

To avoid incarceration, make sure that you adhere to the conditions of your probation.

How to Protect Your Rights

Should you ever be accused of violating your probation, enlisting the help of an experienced probation violation criminal defence lawyer is the only way to ensure your rights are fully protected. In the eyes of the law, violating your probation means that you are not on your way to rehabilitation. However, defence lawyers know that mistakes do happen, and they can assist you in navigating these stressful circumstances to help keep any damages to a minimum.

If you are accused of a technical violation, your probation officer may choose to file an arrest warrant.  The best thing that you can do for yourself in this situation is to contact a lawyer to help you plan your next move. If you've been accused of violating your probation, call us today.