“How much jail time will I get for violation of probation?”
In most cases, a judge does not have to impose a jail or prison sentence if a defendant violates probation. Although a harsh sentence can be a judge’s first inclination, an experienced, savvy lawyer might be able to turn things around.
Answering the common question of “what Is the Jail Time for Violation of Probation”… (and how to avoid it!)
When you’re accused of a violation of probation, it can be frustrating and confusing. Often, you can feel like the courts, the judge, and the probation officer are against you. The court staff is in your corner when you’re on track, but if they accuse you of violating probation, then it feels like everyone has turned against you. In other words, you feel entirely alone, and your explanations are falling on deaf ears. That is when you are most concerned about possible jail time for violation of probation.
How to Assess How Much Jail Time You Will Get for Violation of Probation
There is no easy answer, and there is no cookie-cutter sentence in the law for violations of probation. The rule of thumb is that it is up to the judge’s discretion to penalize a probationer who was in noncompliance. The focus should be on how to avoid jail altogether. A knowledgeable and tenacious criminal defense attorney will immediately start crafting a strategy to put you in the best possible position. For starters, your attorney will be your number one advocate and make sure the judge hears your side of the story.
What Was the Alleged Violation?
- missed appointments
- failure to pay fines and costs
- other violations
- positive drug or alcohol tests
- false-positive tests
- noncompliance with community service
- new criminal charges
- prior violations
Whatever the alleged violation, the court must notify you in writing and let you know you’ve allegedly violated probation. There may be a reliable and logical reason why you could not do something required of you. Your attorney’s job is to be your voice and insist that the judge listen to you and consider any defense or mitigating information.
Factors to Consider When the Judge Wants to Impose Jail Time
The plan is always to find an alternative to jail. If it’s a positive drug test, perhaps intensive counseling is needed. If it’s a lack of payment of fines and costs, maybe we can arrange a payment plan. If it’s chronic tardiness to an appointment, maybe the judge or probation can agree upon a different schedule. Regardless of the alleged violation, your best chance of success is to locate a criminal defense attorney that regularly wins and keeps their clients out of jail. There may be solutions to remedy the violation, and a skilled attorney will know how to present these solutions to the Court.
Your Violation of Probation Legal Defense Team at LEWIS & DICKSTEIN, P.L.L.C. is waiting to help you. We have decades of experience successfully defending violations of probation.
Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.