So, you got a probation violation. What happens next?

by Derek Thooft

If you have been convicted of a crime and part of your sentence includes a probation component, chances are you are being monitored by the court or a probation agent. If the court or your probation agent has reason to believe that you have not been following the conditions of your probation, they may start the process to revoke your probation. If your probation is revoked, the court could order you to serve the jail or prison time that has been “hanging over your head.”

To start the probation revocation process, there must be a warrant or summons that shows there is good reason to believe you violated probation. When the court issues a warrant or summons, a hearing date will be set for your first appearance. At the first appearance, you will receive a copy of the violation report if you haven’t already, so that you know why you are suspected of violating probation. The judge will also go over your rights, including the right to an attorney. You may apply for a public defender or hire a private attorney to represent you in the violation process. The court may also set bail or release conditions, depending on the nature of the violation.

The court will then set a revocation hearing. At the revocation hearing, the probation officer will present evidence and/or testimony to support why they think you violated probation. You will also have the chance to submit evidence and/or testify on your behalf, with the help of your attorney. The court will then decide if there has been a violation and may continue your probation as before, adjust probation conditions, or revoke probation and order you to serve the stayed jail or prison time.

The probation revocation process can be stressful and unpredictable. That is why having a good attorney by your side to protect your rights is so important. Attorney Derek Thooft is a trusted, experienced, and dedicated criminal defense lawyer. At Thooft Law, our team has helped clients in all stages of criminal proceedings. Our extensive knowledge in criminal law has made Thooft Law the go-to law firm for many clients in Minnesota and North Dakota. Call us or email Check us out on Facebook, Thooft Law, LLC.

As always, all initial consultations are FREE.