What happens when you violate probation?

Author: Kevin Jones

Author: Kevin Jones

If the parole violation is not too serious, the defendant may be given a second chance; however, violating your parole can result in arrest and incarceration. Whether you are arrested or notified of a parole violation by mail, a court hearing will be scheduled during which the prosecutor must prove that you violated the terms of your probation. If the court finds you in violation, it can revoke, reinstate or extend your probation. Additional consequences can include jail time, additional probation terms, community service, physical labor, rehabilitation, counseling and other treatment programs. In cases where there will be a jury trial, other pretrial issues are also addressed at the pretrial conference. The judge asks the parties if they will be filing any pretrial motions, and sets a deadline for motions to be filed and heard by the court. (An example of a pretrial motion is a motion to suppress evidence, where a party filing the motion asks the court to decide prior to trial if certain evidence can be used at trial.) The judge also asks the parties if there is any discovery that has not been completed, and sets a deadline for completion of discovery. (Discovery is a formal procedure for the exchange of information between the parties.) The judge also addresses any other issues that need to be resolved before trial. Violating a protective order has criminal and financial consequences, depending on the severity of the situation. However, to effectively prosecute these cases, it's necessary to make regular police reports each time the protective order is violated. A violation can be anything from trying to contact the protected person through a family member to showing up at the person's home or work. In most states, violating a restraining order is a misdemeanor crime punishable by up to a year in jail and/or a fine of up to $5,000.

If someone commits a crime while violating a restraining order, he will likely be charged with additional crimes. For example, if someone assaults his ex-girlfriend while under a protective order, he will likely face misdemeanor or even felony. Juvenile courts deal with children and teenagers in cases involving child abuse and neglect, abandonment by parents, termination of parents? rights, and adoption. All delinquency and incorrigibility cases are handled in juvenile court. Miscellaneous hearings covering name changes, mental health issues, and abortion may be conducted in the juvenile court. A fairly new aspect of rehabilitation is juvenile boot camp, or what some states call shock incarceration. It?s designed for older juvenile offenders (fifteen to seventeen years) and is used as a last resort. Boot camp often takes several months and is highly structured; juveniles are subject to firm discipline and strenuous exercise. Upon completion, there?s a second phase of rehabilitation, with less supervision and greater freedom. The goal is to eventually release the offenders from all court and probation supervision, with little risk to the community. In the no criminal cases in juvenile court (abuse, neglect, and adoption), you may be involved as a witness. These are considered civil cases, meaning that you wont receive any time in detention or with the department of corrections.About the Author:

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