The best possible outcome to any crime is to have the charges dropped, but if you are convicted on criminal charges, probation is usually the best punishment you can hope for. While it is lightly restricting, it allows you to not spend any time in jail and generally live your life as usual. However, every probationary period comes with rules, and usually the biggest rule is to not get into any more trouble. Yet, if you commit a crime on probation, you will usually face harsher and more difficult to fight punishments than if you committed a crime while not on probation.
CONSEQUENCES OF COMMITTING A CRIME WHILE ON PROBATION
If you have received probation as a punishment, there is no better time to just lay low until the period is over. However, sometimes things just happen and you find yourself with new criminal charges while still on probation. After committing a new crime while on probation, as one would expect, it is a violation of your probation. As such, you should reasonably expect for your probation to be revoked and jail time to be issued. Unfortunately, even if you had a few days left on your probation, you will get no “time served” jail time reduction for your probationary period.
PROBATION VIOLATED AT ARREST OR CONVICTION
The real issue that those on probation need to consider is whether a new crime becomes a probation violation at arrest or conviction. While it should be true that you are innocent until proven guilty, you could find yourself with a scheduled probation violation hearing even after a dropped arrest or once charges have been filed.
If charges have been filed and you are found guilty before the probation violation hearing, you can expect probation to be revoked and the sentence of your new crime and previous crime to be added together. This can result in a long run in jail and heavy fines if convicted.
However, the good news is that if you are found not guilty or the arrest itself has been dropped, it is possible to “win” a probation revocation hearing. Just because one has been scheduled doesn’t mean your probation will automatically be revoked when you step into the courtroom unless you have already been convicted of a new crime. With the help of a lawyer, you can work to negate any revocation or probation extension by proving that you didn’t actually commit a new crime and thus there was no violation because, let’s face it, accidental arrests do happen.
Typically during these hearings, you and your lawyer will want to document how well you have been doing while on probation. Regularly attending scheduled visits with your probation officer, complying to any drug tests, and generally staying out of any other probation violation trouble will work for you. However, you will want to make sure you accent how the arrest happened and why it was dropped to make sure the courts see that you weren’t doing anything wrong.
If you have been arrested for a crime and you are worried how it will affect your probation, contact us today. Whether the arrest was valid or not, you want to fight it aggressively with us as your legal representative. Probation violations start at arrest and will be finalized if you get convicted. However, if you can get the charges or the arrest dropped, it will help keep your probationary period intact so you don’t end up serving jail time. Let the legal team at the Speas Law Firm work in your benefit to make sure that any crime or probation violation doesn’t have you serving any unfair punishments.