If you or someone that you love was given probation, the judge who handled your case at that time probably described the rules of your probationary period. He or she probably suggested that you meet with a probation officer on a regular schedule, that you abstain from drugs and alcohol, and, in general, that you stay on the right side of the law. If you go against the rules and are found in possession of drugs, for example, there are different types of consequences you may face. The severity of the consequences will depend upon the seriousness of your violation, whether you have violated probation before, and the nature of your violation.
If this is the first time that you have violated your probation, you may receive a warning from your probation officer. However, this is only if the violation was minor. Drug possession charges tend not to be overlooked. Your probation officer should warn you of the consequences you may suffer if you continue to violate your probation.
Still, it is likely that you will face consequences on top of the drug possession charge. You may receive:
Additional Community Service
A probation officer may order that you perform additional community service that is meant to rehabilitate you or to correct the behavior that caused you to violate your probation. You may be assigned community service in the event that you have a lenient judge and are on probation for a small possession charge, like marijuana.
If you were found to be in possession of drugs or alcohol, or you failed your drug test, your probation officer may order you to go to rehab. If you refuse this order, you may end up going to jail instead.
Another option that is becoming increasingly popular is counseling. Sometimes, a probation officer may order you to attend counseling services if there is an underlying mental or emotional reason for why you were found in possession of drugs.
Sometimes, if you violate probation, you will be expected to pay additional fines. This may be a fine that you have to pay for the original crime or for the crime that caused you to violate the terms of your probation. Sometimes, it will be both. In any case, the fine is payable to the court.
Some probation violations, or subsequent probation violations, could land someone in jail. This is typically for a brief period of time, but if the probation violation was for drug possession, it is more likely that you may find yourself in jail.
Increased Probation Period
In some cases, a probation officer may believe that the drug possession charge is a sign that the individual is not ready to re-enter society without supervision. As a result, the probation violation could lead to more time on probation.
Revocation of Probation
One of the most serious, but common, consequences of a drug possession charge while on probation is that the judge may order your probation revoked. If this occurs, you may have to serve the remaining amount of time of your original sentence allowed by law in jail.
New or Additional Charges
If the probation violation consisted of committing a crime, like with possession charges, you will likely face new charges based on that crime. Your criminal history will probably get taken into consideration and will have an impact on the punishment.
Probation Violation Hearing
In some situations, a person may have to attend a probation violation hearing. Probation officers will typically call these for people who have made severe violations of their probation terms. You will receive a written notice of the violations and given a time for the hearing.
You are entitled to representation during this type of hearing. You can present evidence and ask for witnesses to testify on your behalf. If you are ordered to a probation violation hearing, the burden of proof to find you guilty of the charge is only by a preponderance of the evidence, a much lower standard than to find you guilty beyond a reasonable doubt.
Do You Need A Drug Defense Attorney?
If you or someone you know has been charged with a drug crime, please contact an experienced drug defense attorney at Nebraska Interstate Drug Defense Lawyer. We stand at the ready to defend you against state or federal drug charges. Please contact us today at 844-545-3022.
The sooner that you can start working with a drug defense attorney, the better it will be. At Nebraska Interstate Drug Defense, we do not judge or lecture you. Instead, we work with our vast knowledge of Nebraska law and Omaha court systems to find a solution that will help you to get your life back on track.