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Probation Violation

If your probation officer thinks that you have violated the terms of your probation, he or she may file a motion to revoke your probation or what is more commonly known as an "MTR."  An "RWOB" (remand without bond) warrant will then be issued for your arrest.  This means that when you are arrested, bail will not be set immediately.  You will need to hire a lawyer to talk to the Judge and get bail set.  If you cannot pay the bail amount, you will remain in jail until the hearing on your MTR.  On the day of your MTR, you can either work out a deal with the state prosecutor or you can have a contested hearing before the Judge.  

If you decide to have a contested hearing, the Judge is going to rule that you did or did not violate the terms of your probation.  If the Judge rules that you violated the terms of your probation, you can be sentenced to county jail if the underlying charge is a misdemeanor, state jail if the underlying charge is a state jail felony, or prison if the underlying charge is a 3rd degree felony or worse.  

You won't always go to jail or prison because even though the Judge finds that you did violate the terms of your probation, the Judge can continue you on probation, extend the length of your probation, terminate your probation unsatisfied, or terminate your probation satisfied.  There are other things a Judge can do as well.  Because there are options even if you did violate the terms of your probation, it is very important for you to hire an experienced criminal defense lawyer.    

We look forward to helping you!     


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