What If You Are In A Diversion Program On Probation And You Violate It?
If you’re on a diversion program, then you’re not technically on probation. You’re doing something in a voluntarily fashion. You’re attempting to have your case dismissed at the end of the diversion program. If you violate the terms of whatever that diversion program is, then you will have to come before the court. A lot of times it will say that you’ve already pled guilty to the underlying charge and so the only thing left in front of the judge is to sentence you but you’re not technically on probation. If you violate the terms of your probation in a case where you’ve already pled guilty, then the judge can sentence you to whatever the underlying jail sentence was.
Can Someone Continue Working While On Probation?
Yes, they can work while they’re on probation. Some people are concerned about reporting on a conviction to their lawyer and that has to be determined on a case by case basis. If you’re on probation, there’s nothing that prevents you from working.
If One of the Conditions for My Probation Was to Find Work and I’m Successful, What Would Happen if I Were to Get Terminated or Quit that Job?
If that was a condition of your probation that you maintain employment, that could be a reason. If you ever were terminated from your job while on probation, you would want to report that to your PO but I’ve rarely seen instances where maintaining employment is a requirement of probation.
What Effect Does Probation Have on Someone’s Driving License?
It won’t have any effect on your driver’s license per se. That’s going to have to do with the nature of what you’ve been charged with but just probation in general doesn’t have any effect on the status of your driver’s license. If the underlying charge is a DUI or a drug related offense, they can have an effect on your driver’s license. If you fail to appear for a court appearance and they issue a warrant for your failure to appear, that can have an effect on your driver’s license but just probation in general does not.
Does Probation Automatically Include Community Service?
No, it does not. But again, on a county by county, cases by case, judge by judge, it can be included. There are certain judges in Jefferson County that order community service for almost every probation that they give and there are some that never order it. Another county’s just the same way. Most of the time, if you’re doing the deferred prosecution agreement, there is going to be an element of community service but in probations, the majority of the cases that we deal with where someone is given probation, they don’t have an element of community service in sentences.
If I’m Unemployed and I’m on Probation and the Only Job that’s Being Offered is Something that’s in a Different County or City, What Will Happen?
The best thing to do is to have an open line of communication with your probation officer. Most of them will work with you. If I were on probation and not employed and a job opportunity came up even in another state, I would go to my probation officer and say I have this opportunity. It’s going to help me to get my life on track, pay off my court costs or whatever. Most of the time they will transfer your probation to wherever you want to move because every place has a court system and every place has probation officers.
They may have to clear with the judge or you may have to get an attorney to petition the judge to allow you to transfer your probation but 99 per cent of the time, if the probation officer is okay with it, the judge is going to sign off them. There’s nobody that I know; either a judge or probation officer that wouldn’t want a probationer that wasn’t employed to gain employment. It helps everybody for someone to be getting employment, to be able to pay off the money that they owe and just to help them become a productive member of society.
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