So, you have probation, and now you’ve somehow violated it. It’s something anyone under probation tries to avoid, but sometimes, events happen, things occur. It’s not a definite punishment for anyone who does this. It varies on the circumstances and what you were charged with in the first place. It may also vary in what state you’ve been charged. Aranda Law Firm has the ability to work in Texas, New Mexico, and Arizona. Some of these states have varying punishments for breaking probation, so here’s what you need to know.
How Can You Break Probation?
Violations will vary depending on the state and are even governed by both federal and state law. It’s pretty simple to break your probation, but you really need to try to do it as well for it to happen. Violations pretty much only occur when you ignore, avoid, refuse, or flat-out break the terms of your probation conditions. You probably only have probation for one to maybe three years, but it also depends on the offense on which it was applied.
The most common circumstances where probation was broken includes:
- Not appearing for court
- Not reporting to your probation officer
- Possession, selling, or use of drugs
- Failure to show up for community service
- Failing to pay any fines or restitution as ordered by the court
- Traveling or visiting other places without permission from your officer
- Committing other crimes and/ or arrested for another offense while on probation
You Broke Probation – But With Reason
The first thing you should do is contact your attorney. There are some circumstances where if you broke your probation, and the cause was absolutely reasonable, there may be no consequences.
In these rare circumstances, some options you may have include:
No Violation: No violation terms only occur if you have been accused of violating but absolutely have not broken any of your terms directly. This could occur if your probation officer changed your meeting’s time or date without properly informing you. The judge may understand how this was not your fault.
Accidental Violation: These occur when the rules of your probation have broke unintentionally, most often from a force outside of your control. If you were in a car accident and could not attend your meeting, for example.
Reasonable Violation: There could be cases where you are justified to break your probation. Some reasons may include a family emergency, personal danger, or an extreme case where you had to leave town. With these violations, they can extend your terms as punishment.
It’s best to speak with your attorney before admitting or denying that you broke your probation.
Breaking Probation In Various States
We have the ability to serve almost all of the southwest region by working in Texas, New Mexico, and Arizona. We know that some of the laws differ from state to state, but some will also stay the same regarding overall punishment.
In Texas, there are a few options you may have depending on the terms of your probation and the reason or outcome of your violation. A judge can revoke your probation and send you to jail, even for misdemeanor or minor infraction. However, that’s only if they feel your violation was in your control and your purposeful doing.
In other cases, if it’s your first time violating, they may give you a warning, change the conditions of your probation, or increase the length.
New Mexico Violation
Typically, the probation officer will send a warrant to a judge. It’s then up to the judge to sign the warrant or not, but they most likely will sign if it’s a felony probation violation. You will most likely be taken to court, where you will either walk away from how you came in or in cuffs. You may just have your probation reinstated with additional conditions, additional drug tests, and a higher level of supervision.
Arizona laws are very similar to New Mexico and Texas. You can get a warning for first-time violations, but for major violations or repeated violations, you may definitely be looking at jail time. You can try to appeal the decision, but your lawyer would have to show that revocation of probation lacked sufficient evidence.
Aranda Law Can Help Your Probation Violations
If something happens while you’re on probation, give us a call. We can help defend you or lower the chance of facing jail time. Anyone who violates probation should have a strong lawyer at their side, and that’s where we come in to help. If you have any questions or concerns about your probation or terms, reach out to us today.