A motion to revoke probation is a court filing that says you did something wrong while on probation for a criminal conviction or a diversion. Every probation has specific terms and conditions that must be followed. In a motion to revoke probation, the courts could try to send you to jail or prison or revoke a diversion agreement which would result in a guilty finding.
If your probation officer says any terms of your probation have been broken, then they may try to take your probation away. To do this, they will let the Prosecutors office know what happened. This starts the motion to revoke probation process. The Prosecutors will complete some paperwork and file it with the court where you had your charges filed. This is called the motion — it is the act of asking a judge for an order. It is the judge’s order that would take your probation away, not the motion itself.
Only your probation officer can start a motion to revoke your probation. They can decide to: 1) Follow the probation revocation process or 2) Handle minor issues themselves. Many times, small problems can be handled by your probation officer. They might extend your probation or make the terms more strict.
If there is a serious problem or you have broken probation multiple times, they may have no choice but to follow the legal process.
After a revocation hearing, a judge can honor the original amount of jail time you were given, or they can send you to jail for the max amount of time possible. They can also choose to increase the fines you originally had. An attorney is your best option for getting off probation but not getting an increased sentence or fines.
Revoking your own probation is different than a motion for early termination of probation. You can ask for probation to end early after a certain time frame has passed. Only a judge can end your probation at any time but typically depending on the jurisdiction a certain amount of time has to pass. Judges will also make sure all terms of your probation are met, including all fines, court costs, community service, and good behavior.
Some courts will set a bond for you. This means a bondsperson can pay for you to stay out of jail. But, you will owe them the money back, and they will make sure you don’t try to leave town.
From the start of the process to the judge deciding what happens to you, it can take a few days. If the reporting or filing is over a weekend, then the case will be pending for a few days longer. If you run from the police or try to hide, then it may take longer.
An attorney can help the process go smoothly. They are there to help you get the best outcome possible in a tough situation. Your attorney can try to make the judge see that you may have messed up your second chance, but that you are trying.
You always have the right to an attorney. There is no chance to be found innocent or change the penalties of your case because you were already charged with the crime. But, your attorney can try to keep you on probation or reduce your time in jail or prison.
Representing yourself is very difficult in these types of cases. If you are facing a motion to revoke probation, it is helpful to get professional help as soon as you can.
If you or a loved one is in a bind as a result of a criminal charge, immediately contact a Seattle Criminal Attorney. A Criminal lawyer is not going to judge you, and understands that everyone makes mistakes. Hiring a Seattle Criminal Lawyer to help can – at a minimum – reduce penalties, and can help direct people on how to best deal with their criminal charge, and many times even get them dismissed. So it should go without saying that someone cited for a misdemeanor or felony should hire a qualified Seattle Criminal Lawyer as soon as possible. Criminal charges can cause havoc on a person’s personal and professional life. Anyone charged with a crime in Washington State should immediately seek the assistance of a seasoned Seattle Criminal Lawyer.
