How Is Sentencing for a Probation Violation Determined?


Quick Answer

The judge determines the sentence for a probation violation by considering several points, including the manner and nature of the violation and whether the offender was a first-time or repeat offender, explains Find Law. The sentencing occurs shortly after the judge determines if the offender violated the terms of the probation.

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Full Answer

Depending on the nature of the violation, the court may extend the probation, impose further probation terms, sentence the offender for a short jail term or revoke the probation for the offender to complete the remaining time of the original prison sentence, according to Find Law. A probation is violated when the offender breaks, ignores or avoids the terms of the probation during the probation period. The typical period of probation is 1 to 3 years, but can last longer depending on a particular case.

After violating the terms, the court may give a warning or request the offender to appear in court. There is no standard rule as to what happens next after the violation, notes Find Law. The probation officer considers the severity of the violation and past warnings or violations before making a decision. If the offender appears in court, the officer requests a penalty, which may carry jail time.

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