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Motions to Revoke Probation

| Mar 30, 2015 | Criminal Defense |

For every individual under probation the experience will be different. Some people find it very difficult to endure the process while others have little to no trouble while underprobation. Different factors contribute to your experience. The details of your offense, your officer, and behavior all determine the type of experience you will encounter. Of these three, your behavior during your probation period will have the most influence. Your officer will take notice of and record good behavior and cooperation. He or she will then relay the message to the judge assigned to your case. It is quite simple, good behavior helps and bad behavior harms. During the period of your probation it is possible that you may have your probation revoked. This does not mean you immediately get sent to jail. The judge could simply extend your probation period, administer fines, or require you to receive counseling. A probation revocation can be caused by a number of different things.

  • A new offense

During your probationary period committing a crime is grounds for a probation revocation. For example, if you have been convicted of a DUI and while on probation are convicted of disorderly conduct your probation may be revoked. In this case the judge may require you to serve jail time and pay a fine. If you express remorse after your first offense, but then commit a second one this harms your credibility. Any behavior that appears to be reckless, dangerous, or inappropriate harms your credibility.

  • Failure to report

There are certain conditions that come with probation. Some of these may be required drug tests, a curfew, community service, and court appearances. Failure to honor any of these conditions may result in a revocation. During this period you will be required to meet with your officer and attend court appearances. To the judge missing these dates expresses your unconcern for your offense and punishment.

  • Incomplete classes our counseling sessions

If the judge required you to attend drug or alcohol classes and you do not do so, you probation may be revoked. Driving under the influence earns you a DUI. Part of your punishment is to attend and participate in classes reserved for DUI offenders. Not doing so projects attitudes of unconcern and disinterest. This type of behavior is what will dictates the outcome of your case.

  • Failure to complete community service

Community service is a very common condition that accompanies probation periods. The amount of community service ranges depending on your circumstances. When you do not complete your community service if sends a very negative message to your officer and the judge. In some ways it communicates your unwillingness to be a morally sound member of society. When you commit a crime such as driving while drunk you are not only endangering yourself, but others. Not honoring your punishment expresses feelings of unconcern.

If you have had your probation revoked and are seeking legal counsel, feel free to contact us at Kyle Law Firm.