If you're convicted of a crime, the judge can sentence you to jail time, house arrest or probation. Being on probation doesn't mean you're set free; there is always a list of rules or conditions that go along with this status, such as the requirement to stay away from alcohol or firearms or to see your probation officer on a regular basis. If you break any of these rules, that's known as a probation violation. The first time you break any of the rules of probation is known as a probation violation 1st offense.
Do You Go to Jail for Violating Probation?
There are no set rules for what happens if you violate the conditions of your probation. It all depends on your probation officer and/or the judge. Their decision will be based on many factors, including the circumstances around how you violated the conditions and whether this is a first offense. In general, if you've followed the rules and this is one slip-up or something you couldn't help (like missing a probation appointment because you're unconscious in the hospital), the probation officer or judge will likely be lenient and not send you to jail. If you're a flagrant rule-breaker, though, it's possible for the judge to convert your probation to jail time and make you serve the rest of your sentence behind bars.
What Does a Motion to Revoke Probation Mean?
If you break, or violate, the conditions of your probation, your probation officer has some leeway in what happens to you. In many cases, the officer will take your case to the District Attorney, which sends your case to court in a process known as a motion to revoke probation. You will be arrested, then go through a new type of court case that's solely concerned with the facts of your parole violation. If the District Attorney proves that you did violate the terms of your parole, the judge will determine the outcome.
What are the Consequences for Violating Probation?
If you violate the terms of your probation, there will always be some form of consequences. At the very least, your probation officer could let you off with a warning, which would put you closer to the top of her list of parolees who need closer supervision. Some other possible consequences of parole violation are:
- Additional time added to your probation
- Additional conditions added to your probation
- Community service
- Taking away probation
If your probation is revoked, you will face the maximum sentence that was originally suspended when you were put on probation. You won't get any time off for good behavior during your probation. You will serve the rest of your entire sentence in prison or jail.
Read More: What Are the Consequences for Missing Probation Appointments?
If you're sentenced to probation instead of jail time, you're given a set of rules to follow. The first time you break one of these rules is known as a probation violation 1st offense.
Victoria Bailey has a degree in Public Law and Government. She has spoken before state Supreme Court justices and her photograph is on the back cover of Bill Clinton's autobiography. As a former member of the Center for the Study of the Presidency and Congress, Bailey worked closely with lawmakers to help set public policy. Bailey's work appears on numerous websites, and she's currently writing the text for a governmental information app.