What Happens if I Violate the Terms of My Probation or Parole?

If you are convicted of a criminal offense, you may be placed on probation for a period. In some cases, this is the best possible outcome for your case. A sentence of probation allows you to serve your sentence without being incarcerated, which has its advantages. You can still live at home and work to support yourself and your family while on probation.  

On the other hand, parole refers to a conditional release from prison for individuals who have shown good behavior while incarcerated. These individuals already have served a portion of their sentences in prison or jail. As with probation, once you are on parole, you can live at home and work in the community. 

Terms of Probation 

While you are on probation, a probation officer monitors you to make sure that you meet all the terms and conditions of your probation. While these court-imposed terms may vary, they can include terms such as: 

• Regular meetings with your probation officer 
• Attending school, working, or completing community service hours 
• Receiving counseling or treatment for drug or alcohol addiction 
• Refraining from drug and alcohol use and submitting to random drug tests 
• Paying fines and fees 

Probation Violations 

If you violate any of the terms or conditions of your probation, you could face charges for a violation of probation (VOP). The court also may issue a warrant for your arrest if you violate your probation. Once you are arrested, if the court finds that you violated your probation, the court could revoke your sentence of probation and resentence you to a term of incarceration in jail or prison.  

The court also has other options if you violate your probation. For instance, the court could amend the terms and conditions of your probation. The court also could add new terms and conditions to your probation. Finally, the court can extend your probation to satisfy new or different terms or conditions in some cases.  

Terms of Parole 

Many of the terms of parole are very similar to the terms of probation. For example, a parole officer supervises your release, much like a probation officer. You also will be subject to certain terms and conditions, many of which are similar to parole. These terms might include random alcohol and drug testing, monthly fee payments, electronic monitoring, curfews, completion of community service hours, and mandatory drug and alcohol treatment.  

Parole Violations  

Parole violations are more serious than probation violations, as judges don’t have as many options for resolving them as they do for probation violations. In most cases, if you violate the terms of your parole, you will go back to jail or prison and serve out the rest of your original sentence of incarceration.  

Contact Rosenberg, Perry & Associates, LLC for Legal Advice 

In both probation and parole revocation proceedings, your rights are much more limited than when you originally faced criminal charges. You will not have the right to a full criminal trial on whether you violated your probation or parole. While a judge in a probation violation case has various alternatives for handling a violation, you still may end up back in jail on a probation violation. Likewise, a parole violation is likely to result in you being incarcerated. Therefore, building a strong defense against any allegations of probation or parole violations is crucial. 

We represent your interests when you are facing accusations of having committed a crime. A criminal conviction can be severe, so protecting your rights throughout your criminal case can be crucial. Call us today at (609) 216-7400 or contact us online today and see how we can help.