Probation Revocation

At the time of sentencing, a person may be placed on probation in place of serving the sentence in jail.  Probation carries certain conditions and requirements for the person serving the probated sentence.  If the probationer fails to meet the required conditions, the responsible probation officer may report the alleged violation to the judge.  In these circumstances, the judge may schedule a hearing to determine (1) if the probationer violated the terms of his or her sentence and (2) what impact, if any, a violation should have on the underlying sentence.  Typically, probation violations are identified by two classes: a violation of “general conditions” or “special conditions” of probation.  

General Conditions of Probation: Virtually every case carries certain general conditions of probation.  Some of these general conditions include not violating the law, appearing for probation appointments, not taking drugs unless legally prescribed, and staying away from people and places associated with criminal activity.  

Special Conditions of Probation: At sentencing, the judge may include special conditions for the probationer to satisfy.  These special conditions may be due to sentencing conditions required by law or deemed appropriate because of the facts of the case.  Some examples of special conditions of probation may include: completing community service, attending counseling or other classes, and having no contact with another person or place.   

 

The content provided on this webpage and website are for general information purposes only and are not to be considered as legal advice.  Each case is unique.  For a consultation concerning your case, contact Attorney Chuck Efstration at 678-835-4886.