When an individual is placed on probation, the court hands down conditions that must be followed. These conditions vary depending on the type of case. For example, on a DUI charge, the individual must complete alcohol education, comply with monitored sobriety, and follow all other conditions handed down by the court such as community service. For more serious cases, there are more conditions that must be followed.
So what happens when an individual does not follow these conditions? The probation officer may file a complaint with the court stating what conditions have been violated. The court will set a hearing to revoke probation. If the court finds the individual did violate their terms and conditions of probation, a new criminal charge is filed, and the original disposition is reopened.
It is important to have experienced legal counsel who understands all options that are available to keep the original disposition and not restart the probationary period. For serious charges, an agreement with the district attorney’s office to do jail or work release could prevent the court from opening up the original charges for re-sentencing. For less serious charges, community service may suffice. If you are facing revocation of probation, contact Attorney Steven Louth who can explain your options to resolve the complaint.