In Pennsylvania, parole is conditional, meaning certain offenders can serve the remainder of their prison sentences in the community if they meet certain conditions. While anyone who has served the minimum of their sentence is eligible for parole, this is viewed as a privilege, not a right. So if at any point you violate the terms of probation, you can face very serious consequences.
What is a probation violation?
Utah Probation Violation Hearings
If a probation officer is found to have violated the terms of his or her probation, the Board of Pardons and Paroles may issue an arrest warrant and return the probation officer to jail . Like a normal search warrant, a search warrant for a probation violation must state a probable reason that the violation occurred. If the parole officer is re-arrested and returned to prison, a parole violation hearing will be scheduled as soon as possible.
During your probation violation hearing, the board must provide you with counsel, or you may exercise one of your options. Our Utah criminal defense attorneys can help you fight any probation violation allegation and hopefully keep you out of jail. The outcome of your hearing depends on how you make your guilty plea.
Penalties and Consequences for Violating Probation in Florida
After the affidavit is filed and the court hearing is complete, the judge issues one of three forms. They reinstate your probation, modify your probation with changed and often harsher terms, or decide to revoke your probation and send you back to prison.
The judge’s decision depends not only on the information in the affidavit and the testimony of your parole officer or other witnesses, but also on the strength of your defense. After violating the conditions of probation, it is not certain whether he will go back to prison. However, this is common, especially for people who come to their VOP hearing without an attorney.
An important fact to know is that if your probation is revoked, the penalty cannot be more than the maximum statutory penalty for the original offense.
Legal:
- See, for example, California Penal Code 1203.2 PC. An arrest is usually initiated by a probation officer from the parole department, a probation officer, or a police officer. In principle, an arrest can be made with or without an arrest warrant.
- See for example C.R.S. 11/16/206.
- See for example Ariz. R. Crimea. Page 27.8(b)(3).