What you need to know if you've been accused of violating your probation in Alabama
What happens if you've up messed while on probation?
The answer depends on how you messed up and, how your probation officer decides to treat your violation.
It also depends upon the type of probation violation you are accused of having committed.
There are two categories of probation violations, regular probation violations and, technical violations.
These types of violations are treated differently.
Probation Violations for New Criminal Offenses and for Absconding from Probation.
The first type of probation violations is based upon a probationer either having committed a new criminal offense or having simply run away from probation.
Either of these can result in the imposition of the original sentence. Whether this happens depends on a number of factors.
If you've committed a new felony offense, the case will be scheduled for a probation revocation hearing. If the judge finds you violated your probation, you can be ordered to serve your full sentence.
If your new crime is a misdemeanor charge, your probation officer will decide whether to ask for you to be revoked. The less serious your misdemeanor charge, the less likely your probation officer will ask the judge to revoke your probation. So, minor misdemeanor such as disturbing the peace is less likely to result in a revocation proceeding than a more serious misdemeanor like a domestic violence assault.
Technical Probation Violations
Of course, people violate their probation in a number of ways and most violations don't involve new criminal charges. A violation might be something as simple as reporting late. It could be failing to maintain suitable employment or failing to pass a drug test.
If you've been accused of violating your probation in some way other than committing a new crime, your accused of what's known as a "technical violation".
A technical violation can result in a number of consequences.
Your probation officer can impose a punishment of up to three days in jail. This is called a "dip."
Your probation officer can ask the judge to impose more serious consequences. If this happens, you have a right to a probation revocation hearing.
If you violated the judge can impose up to 45 days in jail. This is called a "dunk". Just because the judge can do this doesn't mean he will do this.
Being charged with a new crime is not always mean that the person will have their probation revoked.
Are There Ways to Prevent Probation from Being Revoked?
There's a number of things that can be done to prevent or minimize the consequences of a probation revocation.
Sometimes a plea agreement is worked out in cases involving a new charge and the revocation proceedings. Sometimes the state may drop the revocation request. Sometimes the state may ask to allow the person to be released from probation. Sometimes the negotiations may involve a person attending counseling to avoid being revoked.
There are a number of things that can be done to avoid revocation or to minimize the potential consequences for a probation revocation proceeding.
If you are accused of having violated your probation, you should talk to a lawyer.
If you can't afford a lawyer, you can ask the court to appoint you a lawyer.
Of course, if you're looking to hire a lawyer and you want our help, feel free to contact us here: