It feels like a weight is lifted off of your shoulders as you walk out of the courthouse with a probation sentence. No more fear of going to jail…at least that what it feels like at the time.
The Probation Trap
Probation always comes with a laundry list of probation terms and conditions. One condition that is ALWAYS included is to obey all laws.
While obeying the law seems pretty simple, you have to keep in mind that “all laws” includes traffic laws and city ordinances in addition to all misdemeanor and felony offenses.
This condition is put into place so that any new charge made against you gives the prosecutor’s office the option to revoke your probation and require you to serve your full suspended sentence or face a new alternative sentence that might include adding more time to your probation period.
Innocent Until Proven Guilty…Unless Your Are On Probation!
If you do get charged with a new misdemeanor while on probation (regardless of the offense or its severity), the prosecutor’s office has the ability to file for a probation revocation and ask the court to issue a warrant for your arrest. Once arrested, you will be held without bond until you either admit the violation and submit to new sentencing or you effectively prove that there was no violation. Depending on your situation, this may mean you will spend several weeks, or even months, in jail waiting to resolve the violation.
By the way, it doesn’t matter if your misdemeanor offense has an OR Bond or a $750 Bond, you won’t be allowed to bond out of jail due to the probation revocation action.
Lesson to Learn
Always review the terms and conditions of probation carefully when entering into any plea deal. If you see a condition that concerns you, discuss the condition with your attorney and see what alternatives the prosecutor might accept.
Once you start your probation, be careful to not give law enforcement or the prosecutor’s office and excuse to file a petition to revoke your probation. Show up for all scheduled appointments on time. Submit to any required chemical tests when requested. Find and keep employment. Do everything you are required to do while doing your best to obey all the laws to ensure that will not get tossed into Probation Purgatory.
To learn more about successfully completing your probation, contact us at Hanson Legal Solutions.