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Probation Violation First Offense

probation violation first offense

Violating probation is serious. 

A probation order violation might result in severe legal implications for you. Ohio probation violations are grounds for arrest and may lead to further penalties. 

Suppose you have been charged with breaking the terms of your probation. In that case, it is crucial to get in touch with a good criminal defense lawyer at The Botnick Law Firm, LLC, who will work tirelessly to get the best result possible for your specific case, whether changing the probation’s conditions or getting your probation reinstated without further consequences.

What Does a Probation Officer Do?

After someone has been found guilty of a crime, a court will frequently mandate probation as punishment. In particular, probation suspends a guilty person’s sentence to prison for a specific time as long as the individual behaves well and follows the probation guidelines, judge’s rules, and limitations. 

Typically, probation officers are in charge of monitoring the probationary period. Once probation is completed, the offender has served their whole sentence, and probation is ended.

Most Common Probation Violations in Ohio

These are a few of the most typical probation violations:

  • Forming ties with anyone who has a criminal record, especially those who are currently on probation 
  • Committing a second offense 
  • Refusing to visit a probation officer 
  • Failing to do a drug or alcohol test 
  • Not registering as a sexual offender where applicable
  • Failure to pay fines or restitution as required
  • Not completing your community service
  • Absence from required therapy sessions
  • Failure to find or keep a job

First Probation Violation Consequences

In a worst-case scenario, a first probation violation may occasionally be punished with the worst penalty available for the initial violation, or they may also be charged with additional crimes. Additionally, any probationary period previously completed may be void, and a probation violation may jeopardize future chances of expungement.

However, when someone violates probation for the first time, they often receive a warning before facing more severe penalties. When reporting the incident or elevating the circumstances, the probation officer frequently considers several factors. For instance, one consideration is whether the person committed a new crime. 

They can either continue on probation as a first offender or serve probation in place of a jail or prison sentence. If a hearing is required, these factors, plus the particular infraction, can lessen the adverse effects of any necessary jail or prison term. However, it is crucial to speak with an attorney at The Botnick Law Firm, LLC, about the situation.

You May Need an Ohio Criminal Defense Lawyer for Your Probation Violation Hearings

What Did You Do?

We need to know the alleged probation violation before your probation violation hearing so we can provide legal advice.

The circumstances surrounding the alleged violation significantly impact the potential punishments for violation of probation. If you are a first-time offender, you might not know how to stop the possible violation. We understand that some clients need to be made aware of technical violations and their consequences.

Depending on the nature of the probation violation, first-offense probation may not be taken seriously. You might likely go to jail or prison for the offense if it is similar to your first offense or carries harsher punishments like prison time. This frequently takes the place of or is added to the probation. It is also possible to revoke your probation, which would result in additional jail or prison time.

Was Your First Probation Violation a Misdemeanor or Felony?

If the offense was a misdemeanor, probation might still be in place. However, rather than handing down jail or prison terms for infractions, the courts may look poorly upon them and provide probation. After all, probation was likely offered in place of a worse punishment. The person can be subject to light punishments if the new offense is another misdemeanor. 

But if it’s a felony or a serious infraction of the terms of probation, the offender may go to jail or even prison. This relies on the judge’s probation violation hearing. Then, it’s imperative to get legal counsel to argue against the breach and detail what transpired.

Well-rounded Ohio Criminal Defense Lawyers

At The Botnick Law Firm, we excel at offering vigorous defense in all criminal offense cases. You don’t have to go up against the criminal justice system alone, whether you are facing a misdemeanor, felony, or federal accusation. 

Have you ever been detained for violating probation? Contact an experienced criminal defense lawyer at The Botnick Law Firm if you want assistance following a probation violation.

Author Bio

Botnick Law Firm

Robert Botnick is CEO and Managing Partner of Botnick Law Firm, a criminal defense law firm in Cleveland, OH. With more than 19 years of experience in criminal defense, he has zealously represented clients in a wide range of legal matters, including DUIs, misdemeanors, felonies, domestic violence, and other criminal charges.

Robert received his Juris Doctor from Cleveland-Marshall College of Law at Cleveland State University and is a member of the Ohio State Bar Association. He has received numerous accolades for his work, including the Best DUI Lawyers in Cleveland award by Expertise.com.

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