First Offender Probation Revocation

If you are alleged to have violated your first offender probation, it is extremely important to have a knowledgeable attorney with you. The consequences can be severe. The judge has the right to bring you back, adjudicate you guilty and resentence you to the maximum punishment with credit for the time you were on probation.

Adjudicating you guilty means that it turns into a real conviction and it will no longer be taken off your record when you complete your sentence.  To give you an example, let’s say your sentence is 5 years, the max for the offense is 10 years and you violate your probation after 2 years. The judge can increase your sentence from 5 years to 10 years, but you would get credit for the 2 years. That would leave you with 8 years left and you would be a convicted felon.

It is important to remember that just because you violate your probation the judge will automatically do that. It really comes down to what the violation is. If it is a technical violation, i.e. not paying the probation fees, failure to report, it is unlikely that a judge will revoke your fist offender status and resentence. However, if you pick up new charges or violate a special condition, the chances are higher that your first offender status is in danger.

If you are alleged to have violated your first offender probation, give us a call for a free consultation.