If you have been offered probation, then you are probably feeling on top of the world. In most instances, probation means that you do not have to serve all of your jail time as long as you follow the strict conditions set forth by the judge. Instead of spending your days in a prison cell, you will most likely be free to return home to your friends and family, as long as you adhere to strict conditions. But what happens if you fail to keep your promise to the courts. What happens if you violate your probation?
Instances of Violation and What to Do About It
Failing a urine screening test – if you have been arrested for certain drug crimes or for DWI then you might need to undertake a urine test every once and a while to ensure that you remain clean. This is usually offered as part as a rehabilitation program. Failing a urine test could suggest that you are back on the drugs or alcohol. However, urine tests are not 100% accurate and there are ways to prove this in a court of law.
Failing to attend meetings, sessions or failure to remain in contact with your probation officer – in some cases, you will need to stay in touch with certain counselors as part as your probation. You will also need to keep in contact with a probation officer. You may need drug counseling, driving lessons or anger management. You may also need therapy in certain instances. If you fail to show up for scheduled sessions, change your contact information or simply disappear without a valid excuse, then you will be violating your probation.
Failure to Pay Fines – in some instances, instead of going to prison, you will be required to pay fines, fees or restitution to the victim. Failure to do so means you have violated your probation. However, we all know how financial hardship can strike when you least expect it. In some cases, there is no financial way you can pay these fines. If this is the case, there are options to fight back and avoid a probation violation conviction.
Failure to Abide a Restraining Order – if you have been served with a restraining order or an Order for Protection, then you need to adhere to it, even if it is deemed unfair or inappropriate. This can be extremely hard, especially if children are involved or if a restraining order is causing you to avoid your home or place of work. However, in some instances, you may be accused of violating a restraining order when this is actually not the case at all.
Violating your Probation
Returning back to prison is most likely the last thing you want to do. However, this is usually what will happen. You may also face additional fines and other penalties.
Minneapolis Probation Violation Lawyer
Don’t accept defeat until you have discussed your options with an attorney. If you or someone you love has been arrested for violating probation, then contact an experienced probation violation attorney about your legal rights.