Some people are punished with probation and this is a part of the sentence for the crime committed. It is considered to be the next alternative to being imprisoned. Probation is a blessing but only when decorum is maintained. If you violate rules of probation, then you would be penalized harshly.
A violation happens when any rule is broken during probation. A number of factors determine the consequences of the violation. The factors include the nature, prior violations, prior warnings and the severity of the violation. The results are fines, extended probation or even jail time.
A case of an individual is handled by a probation officer when he sentenced. The officer keeps a close note of all the activities of the accused. The officer also checks for any break of rules and keeps a note. The accused needs to report to the officer at set times and if this is not followed it is considered a broken rule which is a violation.
The violations vary based on the crime committed. A person accused of domestic violence cannot meet their family during probation and if he does it is considered a violation. Similarly a person convicted of DUI has to keep away from drinking failing which he would have broken a rule leading to a violation.
Here are a few common violations that happen during probation. Neglecting an appearance in court even though it was scheduled, breaking a meeting appointment with an officer, restitution, failing to pay fines, travelling without permission, possession of drugs and being arrested for other issues.
There is no standard set as such when it comes to violating probation. It is as per the discretion of the officer to issue warning against the offender. The nature of the violation will be considered when dealing with the violation. The most important consideration would be identifying and analyzing prior warnings.
The judge is free to analyze and decide the genuineness of the violation charges. The attorney will have to prove if the violation happened based on the evidence. This is where the offender would require an experienced hand in helping him prove his innocence. A lawyer who is experienced would be able to prove and help the defender avoid charges further. The lawyer can defend the offender by displaying evidence on behalf of his client. The evidence needs to be appealing and prove without doubt that the offender is not guilty.