WHAT HAPPENS IF YOU VIOLATE PROBATION FOR THE FIRST TIME

If you violate probation for the first time you risk going to jail.

If you violate probation, the judge may issue a warrant for your arrest. Additionally, there may not be a bond for the warrant. This is called a no bond. This means that you will need to hire a lawyer and request the judge to set a bond for you. The bond set will usually be twice the original bond.

When you violate your probation, even for the first time, you probation officer can file a report that will prompt the court to issue a warrant for your arrest. This can happen either for a felony or misdemeanor first time probation violation. It depends on how serious the violation is.

What will happen when you violate probation depends greatly on the type of violation and the type of offense you are on probation for.

Judges can revoke your probation even if it a first time you violate probation. They can then send you to jail to serve your original sentence. This is true whether you are on felony or misdemeanor probation.

If it is your first misdemeanor probation violation and it is not a very serious violation, the judge can extend your probation or change the conditions to address the type of violation.

The first time you violate probation can but usually does not end up in a lengthy jail sentence. In most cases, the judge will likely warn you of the consequences of what will happen if there is another violation. He may also change the conditions of your probation or increase the length of the term of your probation. Your lawyer can be very helpful in this situation.

For a first time violate probation in a felony offense it can be much more serious. The judge can revoke your probation even for a first time violation. However as with misdemeanors the punishment is dependent on the severity of the violation.

Sentencing for a violation for a felony or misdemeanor is always the judges decision. Some judges are very strict and some not so much.

If you violate probation with a relatively minor violation, you will not usually be sentenced to jail.

Probation violations like getting behind on community service hours or getting behind on fees and court costs will not usually result in a jail sentence unless it gets out of hand.

If you violate probation by not reporting to your probation officer even if it is a first time violation, you can end up in jail. Few judges will tolerate this under any circumstances.

The most important thing to remember is that judges have great discretion in sentencing you to jail f you violate probation even for the first time for either a felony or a misdemeanor probation.

Lastly, you have a right to challenge your revocation by requesting a hearing. At the hearing, the state must provide evidence that you actually did violate probation. Without such proof, the judge cannot revoke your probation.

However, always remember, the judge makes the final decision on whether to put you in jail if you violate probation.

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Andrew Williams
About the Author: Andrew Williams
I am a criminal defense lawyer with over 20 years experience defending people accused of wrongdoing. I am board certified by the Texas Board of Legal Specialization. Only ten percent of attorneys in Texas are board certified in their respective field. I practice criminal law exclusively in both state and federal court including appeals of criminal cases.