October 5, 2016
To understand the significance of violating probation, an individual must first understand what it means to be on probation. Readers of this New Orleans criminal defense law blog are encouraged to understand the terms of their probation sentences in order to gain a better understand of what may constitute violations. This post shall discuss probation and HYPERLINK “https://robertstoale.wpengine.com/Criminal-Defense-Overview/”probation violations generally and should not be construed as legal advice.
Probation is an alternative sanction that a person may receive from a court after being convicted of a criminal matter. Instead of being sentenced to a term in prison, the individual may receive probation, which is a set duration of time during which he or she may be limited in the rights he or she can assert. Individuals on probation are free to reenter their communities but do so with limits placed on what they may and may not do.
For example, as a condition of his probation, an individual may be prohibited from contacting the victims of his alleged crimes. If he does contact one of the individuals that he was banned from speaking to, then the court may consider his action a probation violation.
An underlying crime may result in a punishment, and so too can a probation violation result in a significant legal sanction. The penalties for violating one’s probation can include but are not limited to revocation of the individual’s probation and incarceration.
The penalties of some criminal convictions can result in long-term consequences that impact a person’s rights for the rest of his or her life. Probation violations are serious legal matters that can deny individuals the opportunities to avoid incarceration for their crimes. Individuals who are suspected of violating their probation terms do have rights to defend themselves when they are called upon to explain why they did not infringe upon the terms of their probations.