If you violate your probation you can be facing jail or prison time. The outcome depends on what you were on probation for, the nature of the violation and other factors considered by the Judge. Often times people on probation violate because they are arrested on a new charge. If this is the only violation, I typically recommend resolving the new case before the violation of probation is heard. The outcome of the new charge determines what happens on the violation of probation. If the prosecutor dismisses the new charge, 9 times out of 10, the prosecutor will not proceed on the violation. In that case, the probation is often restored. If convicted of the new law violation, you face some period of incarceration. If you violated due to a “technical” reason, such as having not paid costs/fines or completing court ordered classes, the Judge may give you an opportunity to complete these by a control date.
The Constitution of the United States guarantees you a hearing. The burden is on the state to prove the violation. However, the burden of proof on a violation is less than in a regular criminal case. This makes it easier for the state to prove.
A good attorney will explore the multiple factors and moving parts/options for resolution of a violation of probation. No attorney can tell you what the outcome of your case will be until the Judge decides. Every case is different, from the prosecutor to the Judge. It is important to have an experienced Attorney evaluate your case and provide you with all of the information necessary to make an informed decision to best resolve your case. Please feel free to contact me, Chris Ferry, if you have any questions related to a violation of probation you or a family member/friend might have and need assistance with.