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How Many Times Can You Violate Probation Before Going Back to Jail?

Some people are granted probation to stay out of jail or be released from jail and reintegrate into the community. While on probation, the probationer is given a long list of conditions they must follow or risk going to jail. Some of these conditions are easy to break, even unintentionally. How many mistakes is a probationer allowed to make before being incarcerated?

Common Types of Probation Violations

Some of the most common probation violations people make are:

  • Missing a court date
  • Missing a meeting with their probation officer
  • Breaking curfew
  • Failing drug tests

Some probationers may commit more serious violations, such as committing another crime while out on probation or associating with convicted felons or other prohibited people.

Punishments for Violating Probation

As you can see from the list above, some violations can be as simple as mismarking an upcoming court date on a calendar. Will this be enough to send an individual back to jail?

The punishment for violating probation will be determined on a case-by-case basis.

There are four main ways it can go:

  • Continue as usual: the judge may determine that the violation was unintentional or was not severe enough to warrant further actions being taken.
  • Added conditions: the individual may have more conditions added to their probation. This is a punishment that gives the individual even more chances to make accidental violations.
  • Extended probation: the judge may add time to the probation sentence. For example, adding another six months to a two-year period of probation.
  • Jail or prison: if the individual habitually breaks probation, or has committed a new crime, they will most likely be returned to jail or prison.

To summarize, it’s less so a question of how many violations you can make before being sent to jail but a question of how severe the violations are. Your personal background and the type of probation violation you commit will ultimately determine whether or not a judge places you back in custody.

Probation Violations in Miami

Mitigate the consequences of your probation violation by working with our defense attorneys at Hager & Schwartz, P.A.. Whether you are being accused of a simple violation or a new criminal offense, our team is here to help. Click here to get started with a case consultation.