What Happens If I Break the Terms of My Probation?

Probation is a period of supervision under which a person may be placed instead of being sent to jail or prison. While on probation, the person must comply with certain terms and conditions set by the court. These conditions ensure that the person stays out of trouble and complies with the law. However, if you break the terms of your probation, there can be serious consequences.

What is Probation?

Probation is a type of sentence that a judge can impose on a person who has been convicted of a crime. Instead of sending the person to jail or prison, the judge may order the person to serve a probation period. During probation, the person must comply with certain terms and conditions set by the court. These conditions can include:

  • Regular check-ins with a probation officer
  • Community service
  • Payment of fines and restitution
  • Drug and alcohol testing
  • Restriction on travel or association
  • Completing a rehabilitation program
  • Abstaining from drugs and alcohol

If you break the terms of your probation, the consequences can be severe. The specific consequences will depend on the nature and severity of the violation and your overall compliance with the terms of your probation.

The potential consequences of breaking the terms of your probation:

You may Be given a warning

For minor violations, your probation officer may give you a warning and a chance to correct your behavior. This means that if you commit a minor violation of the conditions of your probation, such as failing to attend a scheduled appointment, your probation officer may give you a warning rather than immediately taking action. The warning typically involves a verbal or written notice that you have violated a condition of your probation and a reminder of what is expected of you. You may also be given a deadline to correct your behavior and avoid further consequences.

Revocation of probation

If you violate a major condition, such as committing another crime, your probation can be revoked. This means the court can order you to serve the remainder of your sentence in jail or prison. This is considered a serious consequence and is typically reserved for more significant violations of the terms of your probation. If your probation is revoked, you may be required to appear in court and explain why you violated the conditions of your probation.

Extension of probation

Your probation officer may extend the length of your probation if you violate a minor condition. For example, if you fail to attend a scheduled appointment or complete community service hours, your probation officer may extend the length of your probation. This means that you will have to comply with the conditions of your probation for longer.

Additional probation conditions

The court may impose additional conditions on your probation if you violate a condition. For example, if you violate the condition not to use drugs or alcohol, the court may require you to attend substance abuse treatment. These additional conditions will help you correct your behavior and avoid future violations.

Fines and restitution

You may be required to pay additional fines and restitution if you violate a condition of your probation. For example, if you fail to pay court-ordered fines or restitution on time, you may be required to pay additional penalties. These penalties can be financial or in the form of additional community service hours or other requirements. Failure to comply with these penalties can result in more severe consequences, such as revocation of your probation.

What You Should I Do If You Break The Terms Of Your Probation

If you violate the terms of your probation, it’s important to take immediate action. Contact your probation officer and explain the situation. It’s best, to be honest and upfront about what happened. Depending on the severity of the violation, your probation officer may be able to work with you to avoid revocation of your probation. You should also contact an experienced criminal defense attorney who can help you navigate the legal process and advocate on your behalf.

Contact Rosenthal Kalabus & TherrianToday

At Rosenthal Kalabus & Therrian, our experienced criminal defense attorneys understand the serious consequences of violating the terms of probation. We have successfully helped many clients avoid probation revocation and minimize the consequences of a probation violation. If you or a loved one has violated the terms of probation, contact us today at (972) 369-0577 to schedule a consultation. We will review your case and provide the guidance and support you need to protect your rights and freedom.

Written by: Rosenthal Kalabus & Therrian Last Updated : August 14, 2023