True or False: You Cannot Go to Prison Just for Violating Felony Probation

True or False: You Cannot Go to Prison Just for Violating Felony Probation

The unfortunate fact of probation is that it is often confusing to those who are under its umbrella. Asking a probation officer does not always result in a clear answer a person needs. For this reason, we have found that many people do not know what happens if they violate felony probation. Can they be sent to prison? The short answer is yes. Keep reading to get more information or call Chambers Law Firm at 714-760-4088 for a free legal consultation.

The Court’s Options When Felony Probation is Violated

In the event that the accused is found to have been in violation of their felony probation, then the court has the option of sentencing the person to the amount of jail or prison time that was suspended at sentencing in favor of probation. If there was not any custody time suspended, then the court can decide to sentence the defendant for up to the maximum term that the crime they were convicted of can be used.

Not Everyone Who Violates Felony Probation Will Go to Jail

Judges do not have to automatically place a party in jail for committing a felony probation violation. There are two other things they can do. They can warn the defendant and reinstate the probation as it was, or they can modify the terms of their probation. These are the options chosen in cases in which the violation was minor.

Common Conditions of Felony Probation

Some of the most common conditions required of a person on felony probation include meeting with a probation officer monthly or weekly, paying restitution, and participating in individual or group therapy. The person on probation might be required to take drug tests, participate in volunteer work, and stay away from certain individuals. The judge can add conditions as they see fit, but all conditions must be clear and in the court record.

What constitutes violating probation can vary based on the condition that is not being followed. For example, a person can agree to take a drug test but still be considered in violation if they do not pass the drug test or if they use someone else’s urine to pass it.

Call an Attorney if You Are Accused of Violating Probation

Even if it seems that the violation you are accused of is a minor one, the judge has the right to revoke probation and send you to jail or prison at their discretion. This is why you must have a criminal defense attorney on your side. It is easy to get the help you want: just contact Chambers Law Firm now at 714-760-4088.

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