Probation Violations: An Activated Jail Sentence May Be Only the Beginning of Your Problems

September 26, 2023

Probation Violations: Don't Let a Mistake Derail Your Future

Making a misstep while on probation can land you in jail. But activating a suspended sentence can be just the beginning of your problems.
As an experienced criminal defense attorney, I've seen how probation violations spiral out of control and leave people facing severe consequences. A violation can trigger a domino effect of punishments that can derail futures.
In this blog post, I'll explain what happens when you violate probation, the additional penalties you may face, and how an attorney can help minimize the damage.

Common Slip-Ups That Lead to Violations

Probation comes with strict rules you must follow. Failing to comply with any terms can count as a violation. Here are some common missteps that will get you in trouble:
  • Missing meetings with your probation officer
  • Failing drug or alcohol tests
  • Getting arrested for a new offense
  • Traveling outside allowed areas
  • Breaking curfew or ignoring geographic restrictions
  • Not completing required counseling or classes
  • Failing to pay fines, fees, or restitution

Any infraction like these is enough to trigger a violation report to the court. If the judge decides you broke the rules, probation can be revoked.

Jail Time Is Just the Beginning

The biggest consequence you face is getting your probation revoked and the suspended sentence activated. This can mean incarceration for whatever duration the judge originally imposed.
For example, if you received a 3 year suspended sentence with 2 years probation, violating probation means you could serve the full 3 years in jail.
But imprisonment is only the start...

Stacked Penalties Can Derail Your Life

Beyond jail time, you may face these additional penalties:
  • New criminal charges - If the violation involved illegal activity, you may be charged with new crimes. For example, driving drunk on probation would lead to DWI charges.
  • Loss of credit for probation served - Time spent on probation might no longer count if it is revoked. So if you successfully finished 1 year of 2, violating can mean starting over from zero.
  • Stricter probation terms - Judges can impose tougher probation, if they reinstate it after a violation. Expect more meetings, home visits, counseling, community service, etc.
  • Probation extension - The court may extend the length of your probation. So if you had 1 year left, the judge might add more time.
  • License suspension - In some cases, violations can trigger licensing issues.
  • Felony probation violation charge - If you're on felony probation, any new offense is a violation.
  • Loss of voting rights - With extended probation, you can continue to have your voting rights negatively affected.

As you can see, the consequences snowball and disrupt lives in major ways. The penalties dig people into an even deeper hole.

Having an Attorney Can Defend Against Violations

With so much at stake, you need to seriously consider hiring an attorney as soon as you face a violation. An experienced lawyer's advocacy can make all the difference.
Here are some of the ways we defend clients and minimize penalties:
  • Negotiating to avoid revocation and maintain probation
  • Arguing to dismiss unfounded or minor violation accusations
  • Advocating for reinstatement of probation, rather than jail time
  • Preventing "stacking of sentences” for multiple violations
  • Mitigating additional penalties sought by prosecutors/probation officers
  • Working to maintain credit for probation time already served
  • Avoiding suspensions, active time, and/or extensions to probation
  • Protecting eligibility for early release programs

Even if some jail time is unavoidable, a lawyer can protect your rights and fight to reduce damage to your future. Don't go it alone and leave your defense to chance.

Don't Go It Alone - Get Experienced Legal Help

A probation violation can place your freedom and rights at grave risk. Don’t possibly make things worse by going through it without an attorney.
Don't leave your defense to chance. Contact Goolsby Law or text 910-262-7401 to set up a free case evaluation . An experienced criminal lawyer can arm you with a strong advocate fighting for you! Get the help you need to fight maximum penalties and devastation to your future. With an attorney fighting for you, the violation doesn't have to become an unrecoverable setback.

If you or someone close is confronted with criminal charges and contemplating a plea bargain or seeks a trial, don't hesitate to contact Thom Goolsby at the Goolsby Law. He is ready to offer the guidance and representation you need to traverse the complexities inherent within the criminal justice system. You can text him right now at 910-262-7401 .