When you are given the conditions of probation or parole, you will immediately notice how restrictive they are. Some people falsely believe that since they are out in the community that they don’t have to comply with these conditions. Just to be clear, not complying with the conditions can lead to more legal proceedings and imprisonment.
Many people don’t realize that a probation or parole violation case isn’t heard by a jury. Instead, you make your case to the judge who will decide your fate based on the information provided. This means that the defense strategy you use has to be grounded in the law, because the judge has a deep knowledge of the applicable laws.
Any violation does come with the possibility of losing your freedom, so you can’t just throw together a defense strategy at the last minute. The judge might order you to serve a period of incarceration if he or she finds that you willfully violated your probation or parole. You should be prepared for this possibility by having your affairs in order prior to your court date.
There are some cases in which a supervising officer won’t file a violation if you make a minor mistake. Sometimes, they might understand that you made a mistake and have learned from it. They might tighten the program and require you to report more. As hard as this might be, it could be a good alternative to incarceration.
This is also the reason why it is a good idea to always be respectful and honest when you are dealing with your probation or parole officer. He or she can have a direct impact on the outcome of any violation case that arises.
