When someone is placed on probation and is being watched over by a probation officer, the probation officer is expected to maintain thorough records. In many places, the person whose probation records are in question has a right to look at them.
For instance, every person on probation in Massachusetts has the right to view and, if practical, copy their probation records. If the person seeing the records feels incorrect, they may formally petition the probation agency to have the records amended.
Most other states have legislation permitting public records to be disclosed for view upon request, similar to the federal Freedom of Information Act. However, requests under these state statutes and federal law are only open to the person whose name is on the records because probation records are not considered public documents.
Probation: What Is It?
In a criminal case, probation is a sentence that can be given in place of incarceration. Probation is frequently stipulated in a plea deal. Unlike parole, which comes before a prisoner serves out the remainder of their sentence,
As a result, while parole and probation deal with a person being under some supervision and are issued at the judge’s discretion, they are also distinct. While probation can be chosen as an alternative to ever completing a jail sentence, parole is an option after release from prison.
Prisoners do not automatically qualify for parole; instead, a parole board considers their sentence and makes that determination. A public employee known as a parole officer supervises paroled inmates and ensures that they adhere to their release terms. Prisoners on parole risk being sent back to jail if they fail to adhere to these rules.
Some examples of parole conditions are maintaining employment, donning a monitoring device, volunteering in the community, abstaining from drugs and alcohol, not committing any crimes, enrolling in classes, or routinely reporting to their parole officer.
The requirements for parole are similar to those for probation. Typically, first-time offenders with lesser offenses, such as misdemeanor crimes, are eligible for probation.
Additionally, those who qualify for probation are under the supervision of a probation officer or a government member. In exchange for not having to serve time in jail or prison, probation officials will watch over defendants during the probationary period and make sure they are according to the rules and guidelines established by the court.
A criminal who violates the terms of their probation will probably be found violating their parole and will be imprisoned, frequently serving their original sentence or perhaps a lengthier one.
Depending on the state’s regulations and the nature of the original offense, typical probation terms might range from one to ten years in length.
Do You Immediately Go to Jail if You Breach Probation?
It depends, in essence. As said above, you risk being charged with a probation violation if you don’t follow the guidelines set down by the court for your probation. It does not necessarily follow that you will fulfill your original sentence or go to jail, though.
The penalties you will experience if you violate your probation will depend on the nature of the offense and the state laws in your area. This implies that your probation officer may exercise discretion and only issue a warning if you only slightly violate the terms of your probation, such as by having a single little glass of alcohol.
Most of the time, if you break the rules of your probation, you’ll have to go to a probation violation hearing, where a judge will decide if you did break the rules of your probation and what penalties you might be subject to as a result.
A prosecuting attorney must demonstrate that you broke the terms of your probation by a “preponderance of the evidence” or that it is more likely than not that you did what you were accused of doing. The threshold for convicting someone of a crime is “beyond a reasonable doubt,” but this criterion is applied instead.
Common penalties for breaking your probation’s rules include:
- Losing your probationary privileges and serving your original sentence.
- Paying small to large fines.
- Spending a short time in jail.
- Going to additional mandatory rehab programs.
- Performing more community service.
- Having your probation period extended.
If You Violated Your Probation, is it Possible to Get Out of Jail?
The sort of probation a person is on significantly impacts whether or not they are eligible for a bond when it comes to posting a bond for a probation violation.
For instance, if you are on probation for a misdemeanor, the court may issue you bail; however, if you are on probation for a crime, the court is not required to do so. While you wait for your court date, most judges may not always permit someone to post bond. In these circumstances, bonds may be set extremely high, making it challenging to post bail after a probation hearing.
Remember that bail is rarely guaranteed, so if you broke the terms of your probation and are already in jail, be ready for your bail to be rejected.
How Long Could You Spend in Jail for Breaching Your Probation?
Although there are many ways to break the rules of your probation, it’s crucial to remember that normally only two infractions will lead to a judge sending you to prison for the entire duration of your original delayed jail sentence. Absconding, which is seeking to dodge the law or detection (such as purposefully breaking your parole to avoid surveillance), or fresh criminal convictions, are sometimes referred to as “revocable offenses.”
Even though it may seem clear, if a person on probation is found guilty of a new crime, the court has the power to either reinstate their old sentence or increase it to account for the new crime.
Therefore, committing any additional offenses while on probation is the last thing you should do.
A judge will also quickly reinstate your original sentence if you skip any meetings and make it impossible for your probation officer to find you, even though skipping one meeting with your probation officer may just be a minor offense (also known as absconding). For instance, you may be deemed to have absconded from your probation if you move to a different state and fail to give your probation officer new information or show up for your scheduled visits.
Your initial full sentence’s maximum period of jail time will likely be reinstated if you violate your probation with a new crime. Additionally, if you were charged with a new offense, you would have to deal with the charges for the new crime as well as the penalties for breaking your probation.
Can a Violation of Probation Be Dropped?
Simply said, absolutely. As mentioned above, your probation officer or the judge at your probation violation hearing may choose to dismiss some probation violations, such as minor technical violations like skipping a meeting with your probation officer, failing a urine test, or associating with people you are instructed not to associate with.
However, it is crucial to make every effort to properly abide by your probation requirements because your local government or judge could not let even minor infractions go unpunished.
Do I Need to Hire a Lawyer to Access My Probation Records?
It is in your best interests to seek instant legal advice from an experienced and certified criminal defense attorney if you need to view the terms and conditions of probation. Your attorney can provide you with the legal services and representation you need.