After a criminal conviction, the court may slap the convict with probation. Even though this is a viable alternative to avoid ending up behind bars for the entire duration of the prison sentence, probation may be saddled with complexities. If the probation is violated, the defendant may face fresh criminal charges. A criminal defence lawyer comes in handy to explain to the defendant terms of the probation and what not to do in order to avoid probation violation.
What is probation?
Often, a defendant facing conviction will start to look at ways through which probation may be obtained instead of full-time imprisonment. Note that probation differs from parole which involves a person getting an early release from prison due to their good behaviour. Probation means the release of a person from prison; however, the person is still subject to court supervision. The released fellow must abide by the terms of the probation.
Some of the probation terms include the inability of the released convict to possess a firearm, perpetrate another felony, possess unlawful drugs, plus an order to avoid communicating with past victims or associate crooks, and a veto on alcohol usage. Another guideline of probation is the compulsory positioning of an electronic tag on the individual to allow the probation officer to track their whereabouts at all times.
In effect, a convict who is subject to probation undergoes a test which allows the court officials to judge how they will behave when they are in the free world. Probation offers criminals the opportunity to integrate themselves once again into a normal society and become productive.
Any minor mistake by the criminal under probation may lead to devastating consequences. So what are the common violations of probation? A person may violate the terms of probation by failing to appear in court at the stipulated date and time, failing to pay financial fines as ordered by the criminal court, socialising with persons who the court have decreed as off-limits, owning a firearm or perpetrating other felonies. You cannot afford to be jokey with the criminal process when under probation. Remember you have a previous criminal record, and you have to adhere to the terms of the probation in order to avoid another criminal charge and conviction.
A criminal lawyer can help you get probation when you're facing a definite conviction. Moreover, they can help to explain the terms of the probation to avoid any possible violations which may be costly on the part of the defendant.