Criminal Defense Questions – Violating Probation

Question: I violated my five year probation failing a urine test with only 30 days remaining. I finished everything in my probation term. What’s the worst a judge can give me?

Amir’s Answer:

Any time you violate probation, the worst the judge can give you is the maximum penalty for the charge(s). In the case of a 3rd degree felony, that means five (5) years in prison. That said, if you’ve never previously violated probation, you are unlikely to be sentenced to anywhere near the maximum, especially if you have a good lawyer by your side.

There are things you can do to put yourself into a good position to resolve the case without incarceration. You may be facing additional sanctions, such as extending your sentence, requiring you to complete counseling, etc. The more proactively you address the violation, the better chance you have of avoiding unnecessary punishment. It’s a shame you didn’t get your probation terminated early, as that would have saved you this problem.

I encourage you to retain legal counsel.