Community Control

 

Probation Violations

 

 

 
  • When you appear before the judge (or magistrate), you will be advised of all of your legal rights.

  • Among your rights, is the right to have an attorney present and/or a reasonable continuance to secure an attorney of your choice.  If you are unable to afford an attorney, the court can appoint an attorney without cost to you. 

  • You may waive (give up) your right to have an attorney represent you.

  • The judge (or magistrate) will inform you of the possible penalties of your probation violation.  The following is a basic list of what could happen: 

  1. Jail days, which were previously suspended, or any portion of those days, could be imposed.

  2. Terms of probation could be amended.

  3. New terms of probation could be added.

  4. Your probationary period could be lengthened.

  5. You could be terminated from probation.

  6. You could be continued on probation on the same terms & conditions as previously stated.

  7. Driving Privileges, which were previously granted, could be revoked (taken away) or modified.

  • Before the judge (or magistrate) will permit you to say anything, you must decide if you want to waive your right to have an attorney represent you. 

  • If you want an attorney to represent you, your hearing will likely be rescheduled to another date.

  • If you waive your right to have an attorney represent you, the judge (or magistrate) will ask you if you admit to or deny the probation violation complaint as stated.

  • If you admit to the complaint, your hearing will likely go forward.  You will be permitted to speak in your defense.

  • If you deny the complaint, your hearing will be rescheduled to another date.

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