MARK D. KELLY CRIMINAL DEFENSE LLC
Minnesota Attorney with 30 Years of Experience
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Sentencing
If you are found guilty of probation violation, sentencing will occur
shortly after the probation hearing, at which time the court may
extend your probation, impose additional probation terms, order you
serve a brief time in jail, or revoke your probation altogether and
require you to serve out any remaining time of your original sentence
in prison. Factors a judge may consider in determining your sentence
may include the nature and manner of the offense and whether the
offender was a "first-time" or "repeat" offender, among others
considerations.
Legal Rights at a Probation Hearing
If you are facing probation violation charges, it is important to know
your legal rights to minimize or avoid additional penalties and
consequences. Generally, you have the right to: (1) receive written
notice of the claimed violations against you, (2) be heard by a
neutral judge in court, (3) attorney representation, and (4) to present
evidence and witnesses to support your case, or refute evidence against you.
Penalties and Punishment for Violating Probation
Judges have broad discretion to impose jail sentences or other penalties for probation violations, subject to the maximum limits of a particular state statute. Some of the lighter penalties for violating your probation include having to perform community service, attend rehabilitation, "boot camp" or other programs aimed at correcting the behavior. Other, more serious, penalties include having to pay large fines or restitutions (monetary fines to victims), or having to serve a brief time in jail. The judge may also revoke your probation altogether and require you to serve the remaining terms of your original sentence in prison.
