Avoiding jail and prison sounds amazing, and that's why taking probation is so tempting. But I've seen so many people *regret* being on probation! Often, something goes wrong and they end up in jail anyway. So here's what you need to know before signing up. #probation #criminaljustice #criminallawyer
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So here are all the regrets you need to hear before taking probation, and then what you need to do next.
The first regret is not fully understanding the terms and conditions…
Legal Obligations: This sounds obvious but I have been in the courtroom so many times and watched someone taking probation and they had no idea what the terms and conditions are of their probation.
What are terms and conditions? These are the rules for the road for probation. Whatever you do, don’t sign the plea paperwork for probation without requiring your attorney to walk you through the terms and conditions.
For example, many probations will require regular check-ins with a probation officer, mandatory drug tests, curfews, community service, or rehabilitation programs. Ensure that you fully comprehend what is expected of you. Ask the tough questions at the very beginning or you will be walking into a trap!
What Happens If You Don’t Comply With These Terms? Be aware of the potential consequences of violating probation. Failure to adhere to the terms could result in various penalties, such as fines, extended probation periods, additional restrictions, or even imprisonment. Understand the gravity of these repercussions and the impact they can have on your life.
Probation departments work on a concept known as “progressive sanctions” – this means when you mess up on probation, they will not usually immediately revoke your probation. Instead, they will tighten the noose on your probation and put tighter restrictions and place more requirements on you.
For instance, we had a client that kept giving diluted drug tests after a positive drug test on a drug probation. The probation department didn’t immediately file a probation revocation action. Instead, they made him give drug tests weekly, instead of monthly, and required him to go to Intensive Outpatient Treatment, rather than Standard Outpatient
Be aware that the court can extend your probation without your consent if you don’t comply! Nothing worse than signing up for a 2 year probation that turns into a 5 year probation because of some slip-ups!
Make sure you go into a probation with your eyes wide open! That brings me to the next point
But the next regret is not fully understanding how your life is about to suck while on probation…
Probation May Require Commitment and Lifestyle Changes: Recognize that probation requires a significant commitment to change your behavior and lifestyle. The probation department will do a “TAIP Assessment & Evaluation” on you to determine what your “issues” are and may make additional recommendations for your probation. It always includes avoiding illegal activities, substance abuse, or associating with certain individuals. It is really important to consider whether you are genuinely committed to making these adjustments and if you are prepared to comply with them for the duration of your probation.
For example – I had a 21 year old young man that was completely honest with me and said he couldn’t possibly stop using marijuana. Well, in Texas, that is a mandatory requirement of any probation (unless you qualify for the medical exception under the Texas Compassionate Care Act).
As a result, we didn’t even talk about the offer of probation being made by the government because he was upfront that this was not something that was doable for him.
We have seen the same situation for alcohol use – even though it is legal to use this normally, on probation – it will land you in jail! But even if you’re ok with changing how you live, a lot of people don’t realize how expensive it is to be on probation…
Financial Implications: Understand any financial obligations associated with probation, such as fines, restitution, or the cost of mandatory programs or counseling. Evaluate your financial situation to determine if you can meet these requirements and make necessary arrangements to fulfill your obligations.
