What Happens If You Get a New Charge While on Probation: A Guide from Attorneys

Different Possibilities When Charged with a New Crime While on Probation

As it is with many things in life, what will happen to you will depend on the circumstances of the charge while on probation. It is crucial to have a criminal defense attorney when facing a new charge while on probation to navigate the legal complexities and protect your probation status. The severity of the new criminal offense will affect the ultimate outcome. Having qualified legal representation is essential to achieve a favorable outcome, as effective legal counsel can influence decisions made by judges. Just keep in mind that the mere finding of probable cause for a new offense (being charged) is sufficient to trigger a probation case, whether you are actually guilty of it or not. Also, the standard of proof, or high bar, is lower than in an actual criminal case so your potential exposure to a revocation and jail time is higher.

Misdemeanor Offenses

If you’re charged with a misdemeanor offense, it may be left up to your probation officer’s discretion to file a petition to revoke your probation or not. This can lead to a probation violation case, which requires careful legal navigation.

That means your probation officer will decide whether to complete a petition to revoke your probation based on the following:

• Your behavior
• How well you were doing on probation
• What the new charge is
• Whether you were honest about the charge
• Whether the new charge is related to your probation conviction
• Many other factors

In such situations, hiring a probation lawyer is crucial to ensure the best possible outcome and to mitigate the risks of probation revocation.

Felony Offenses and Probation Violation Hearing

If you are charged with a new felony offense while on probation, many of the same things will be considered. Criminal defense attorneys play a crucial role in navigating the complexities of such charges while on probation. However, your probation officer may not have a choice but to file a petition to have your probation revoked. This can be a very dangerous situation because your jail exposure is the same as the underlying charge, which is a minimum of six months on a felony. Having a probation revocation attorney is the best thing you can do to avoid jail. It is also important to have a skilled attorney represent you in a probation violation hearing to counter allegations and present evidence in your favor.

So Can I Avoid Being Arrested for my Probation Violation Case?

Even if they are limited, you do have options. A probation violation lawyer, with expertise in handling probation cases, can be your best option if you know you have a probation warrant coming.

Judges have the option of either issuing a warrant or a summons. A warrant orders police to take you into custody to deal with the probation violations. Often judges set either no bond or a high bond on probation cases, but having an attorney is the best option. A probation violation attorney can approach the judge to get a bond amount set or reduced, and sign a personal bond to let you do a walk-through at jail rather than being arrested and held. The legal standards for revoking probation are different from those in criminal trials, where the burden of proof is "beyond a reasonable doubt." In probation cases, the prosecutor only needs to demonstrate a violation by a preponderance of the evidence. Even better, if you are an exemplary probationer, an attorney may be able to get you a summons rather than bond.

A summons is a notice for you to show up at court to deal with your probation case. It does not entail an arrest or bond, and does not entail a walk-through at jail. It is far easier to get a summons for your probation case if you act before probation or the judge does. Your attorney can approach the judge prior to any action being taken and convince them that you want to come back voluntarily with counsel to deal with your probation issues. Having a lawyer approach communicates to the judge that you are serious and that you intend to show up when requested to. It also saves the money and hassle of paying for a bond so you can apply it towards your defense.