If you are convicted of a criminal offense, one of the sentencing options available to the judge may be a period of time on probation. Because time spent on probation means time not spent in jail/prison, most defendants push for probation.
In some cases, this is not wise because the reality is that the rules and conditions of probation can be difficult to abide by for some people, particularly for a lengthy period of time.
If you are considering a guilty plea agreement that requires you to spend a period of time on probation, or you are set for sentencing and are hoping for probation, you need to understand the downside to probation as well as the up side.
Read here as our Omaha criminal attorney explains what happens if you violate probation.
What Is Probation?
Most people have some idea what probation is and what being on probation entails; however, because there are also some common myth about probation it is best to make sure you know exactly what probation is.
Probation is a type of sentencing alternative that may be part of your sentence if you are convicted of a criminal offense. A defendant can be sentenced directly by the sentencing judge to a term of probation in addition to, or in lieu of, a period of incarceration in the county jail.
Notice the term “jail” instead of “prison.” That distinction is also important because as a general rule, only sentences of incarceration for up to one year can be served in the county jail. If you are sentenced to serve more than one year, you will serve that time in the state prison system.
If you are sentenced to serve a time on probation, you will be supervised by the sentencing court throughout your time on probation. You will also be assigned to a probation officer.
Most probationers are required to report to that officer regularly; however, you could also have non-reporting probation. As the names implies, non-reporting probation means you do not have to report to an officer but must abide by all other conditions of your probation.
The sentencing court sets the terms and conditions of your probation and retains jurisdiction over you until you complete your probation.
Nebraska Probation Rules Overview
If you enter a plea or are convicted of a crime in Nebraska, the next step is sentencing. A Judge may sentence a person to a term of probation instead of jail.
If you were ordered to complete a term of probation in Nebraska, you must abide by all Nebraska probation rules and special conditions of your probation.
Failing to do so could lead to a Nebraska probation violation, which can have serious consequences, including extension of probation, additional terms of probation or jail.
When most people are sentenced to probation, there are very specific terms and conditions.
Each must be completed fully and failure to complete even one opens the door for the State to file a motion to revoke probation.
The motion will include every term of probation not satisfied or incomplete within the time given.
If you violated an Omaha probation order, or any Nebraska probation order, give us a call. We may be able to help you get charges dropped, or lessened.
Nebraska Probation & Jail Time
When I have a client sentenced to probation, I follow up with a list of items that must be completed and by when.
They are normally reasonable and uncomplicated but having a checklist seems to lead to better success for my clients. A better understanding of how most probation sentences work may help you avoid a probation violation.
Sometimes, when you receive a probation sentence you also receive a show-cause jail sentence.
However, that term of imprisonment is suspended until a future hearing date where you must appear and show that you have completed each term of probation.
For example, if you are convicted of driving under the influence you might be sentenced to 30 days of imprisonment to be served four months after sentencing.
The court then orders you to also serve a period of time on probation.
Your suspended sentence is important because if all terms of your Nebraska probation are not completed, you could still serve the 30 days and complete the balance of probation.
This is different than revocation of probation. If you still fail to complete the conditions that led to serving a show-cause jail sentence, the State can still file a motion to revoke subjecting you to further jail.
Nebraska Probation Rules
While on Nebraska probation you must abide by all standard conditions of probation which apply to everyone on probation and typically include things such as:
- Reporting to a probation officer
- Random drug and alcohol testing
- Maintaining employment
- Paying fines, costs, and fees
- Not committing any new crimes
You may also be sentenced to special conditions of probation which are things that relate specifically to your crime or your situation. These conditions might include:
- Attending substance abuse classes or treatment
- Paying restitution
- Abiding by a no-contact order
What Happens If You Violate Your Probation?
When you were initially sentenced to probation, you probably missed the part where the court sentenced you to a period of incarceration and then suspended that sentence. Most first-time defendants miss it.
It’s important though to understand because it means you have that entire jail term hanging over your head while you are on probation. If you allegedly violate any of the terms of your probation a hearing will be set at which time the State (via the prosecutor) will present evidence of the violation.
You will also have the opportunity to present a defense. If the judge finds you did violate your probation the judge could revoke your probation and send you to jail to complete some, or all, of your suspended sentence.
If the term/condition that you violated wasn’t one of the more serious ones, the judge could let you off with just a warning or could modify your conditions.
Downloadable Free Report: Probation in Nebraska – What You Need to Know
If you are convicted of a criminal offense in the State of Nebraska you may be sentenced to serve a period of time on probation in addition to, or in lieu of, a period of incarceration.
Topics covered in this whitepaper include:
- What is Probation
- Probation vs. Parole
- Standard vs. Special Conditions of Probation
- Your Probation Officer’s Authority
- Consequences of Violating Probation in Nebraska
Click here to read the whole article or download the PDF.
Did You Violate Your Probation? Contact a Nebraska Probation Attorney Today
If you violate any of the conditions of your probation your Nebraska probation officer may file a motion to revoke with the court.
The court will then order you to appear or to be arrested. At the subsequent hearing you have the right to an attorney; however, a probation violation hearing is less formal than a trial.
If the court finds that you did violate your probation you can be sentenced to the maximum penalty under the original charge as though you had never been on probation.
Probation is not normally offered after a violation and generally includes substantial jail time.
If you are facing a probation violation in Nebraska contact Petersen Criminal Defense Law 24 hours a day at 402-509-8070 to discuss your case with an experienced criminal defense attorney.
Our criminal defense attorneys are well versed in Nebraska probation rules and violations.
To learn more, please download our free Probation in Nebraska report here.
Petersen
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