Often, individuals may be found guilty of a crime — either through pleading guilty during an agreement with the prosecutor or as a result of a judge’s order — and receive probation as an alternative to jail time. Other times, individuals who have served jail time may be placed on probation as a part of their release agreement. No matter the reason for their probation, the terms are non-negotiable, and require a strict following to stay on the right side of the law.
Probation is a supervised period where certain stipulations must be met throughout the order. While probation is not an option for every offense, our Washington D.C. criminal defense attorneys at Lotze Mosley LLP know that when it is ordered, a violation can mean the difference between remaining in the community and serving jail time.
What Is a Probation Violation?
Probationers are ordered to report to a probation officer under a set schedule as an alternative to going to — or remaining in — jail or prison.
A violation occurs when the individual who is placed on probation fails to comply with the terms and conditions of his or her probationary sentence.
Common probation violations can include, but are not limited to:
- Committing another crime
- Contacting the victim of the original crime
- Failure to attend court-ordered counseling
- Failure to pay court-ordered restitution
- Failure to pay fines
- Missing probation appointments
- Not maintaining gainful employment
- Using alcohol or drugs
Violating probation is a severe offense, and can end in an arrest where you are jailed without bond, leading to life-changing consequences. You could lose your job, or worse, have the terms of your agreement revoked, resulting in extended jail time.
Is Probation Violation A Misdemeanor or Felony Offense?
A probation violation is not necessarily labeled as a misdemeanor or a felony. Instead, it is the original crime that is designated as such, which will result in the probation the following suit. If you are convicted of a felony crime and ordered probation as a result, you will be placed on felony probation.
The consequences for a probation violation are unique to each person who is under the order and are defined by how extreme the offense is when reviewed by the courts. If the judge decides to revoke your probation, s/he may reinstate the original punishment which can include jail time.
At Lotze Mosley, we advise each of our clients to take their probation seriously and to avoid any violations. But we also understand that our clients are human, and we all make mistakes.
If you have violated your probation in Washington D.C. or the State of Maryland, contact our experienced criminal defense attorneys (202) 759-7739 to get the legal representation you need to pursue the best outcome available after your unique case suffers a setback.