What is considered a probation violation?

What happens when you violate probation for the first time?


After you commit a crime, if allowed, you can be sentenced to what is known as probation. There are strict guidelines that you have to abide by in order to not violate your probation terms. Upon violation of your probation for the first time, you will be required to attend a probation hearing. After that the judge will decide if they want to give you another chance and extend your probation or they can outright remove probation terms altogether and sentence you to do some time. Probation terms can also be restructured but of course this is all according to how the judge seems fit and the circumstances behind your violation. Having a strong legal representative can help in the deciding factor for the outcome of your fate as well. Information on topics such as this for Wichita, KS can be reached at 866-830-2663.

Can you beat a probation violation?

Beating a probation violation results ultimately on the severity of the crime, the circumstances of the violation and if you have a great public defender to support these claims. Other important factors can include failing a drug and/or alcohol test and not actively reporting to your probation officer as scheduled.  Also be mindful that you can be reported at any time if someone feels you violated your probation in which can end up serving jail time. Once a violation is suspected, the reporting person whether it be a regular citizen or an overseeing official, will contact the police and file a police report in the city and county the violation occurred.  At that point, if the probation violation is considered a misdemeanor, then that can depend on the state that you serve your probation and the judge handling your case. Many times it can just be a minor violation.

How much jail time do you get for violating probation?

judge and gavel

You can receive jail time for violating your probation in number of ways. You can violate by refusing or failing your drug and/or alcohol test. Failure to show up to your scheduled visit with your probation officer in which then the probation officer can submit a violation request and the courts can either issue out a warrant for your arrest or order you to make a courtroom appearance. While making an appearance in court there are certain rules that you need to abide by in the form of court etiquette. You can also receive jail time for committing an act that is considered a violation which varies from state to state. This new crime that you committed that has violated your probation can determine how the rest of your probation is settled since this is now  a whole new charge. You may not be able to bail out of jail which will be discussed later on in the post in further detail.

 Can a probation violation be dismissed?

After a violation has been made and you are ordered to appear in court, there is a waiting period before you actually make an appearance. This waited time is up to the discretion of which jurisdiction you will be appearing at. A motion to speed this process up for appearance can be made and once you have your hearing, there is a possibility that the probation violation can be thrown out or dismissed from court.  This depends on if the State agrees to dismiss the charges brought before you and the judge and depending on what type of plea deal you bargain. In the event that the probation violation is not dismissed, the judge can sentence you to serve jail time up and to the maximum sentence allowed. Depending on if you served prior jail time before being ordered to be put on probation, you can possibly serve only the remaining time left on your original sentence.

Can you bail out of jail on a probation violation?

So you have committed a probation violation and is now wondering if there is a possibility that you can bail yourself out of jail. Well, in short yes and no. In the likely-hood you have been arrested for a violation of your probation and charged with a new felony, you can bond yourself out of jail for that new charge. However a warrant for your arrest can be issued for your probation violation and you will not be able to bond out of the original charges that are brought against you. As stated earlier, depending on how much time was served if at all can determine how much of the sentencing a judge can order you to serve. If you have any further questions, call us at 866-830-2663 for more information on probation violations and more in Wichita, KS.