Getting a felony while on probation is a serious offense with significant consequences. It's a violation of your probation terms and triggers a cascade of legal actions that can drastically impact your life. The exact outcome depends on various factors, including the specifics of your original offense, the nature of the new felony, and the jurisdiction's laws. However, several common consequences are almost certain.
What are the typical consequences of committing a felony while on probation?
This situation typically leads to the revocation of your probation. This means the court will likely issue a warrant for your arrest, and you'll be taken into custody. Your original sentence, which was suspended during probation, will then be imposed, potentially leading to lengthy imprisonment. Adding the new felony conviction will likely result in a separate, additional sentence, often running consecutively (one after the other) to your original sentence.
Can I go to jail for violating my probation with a felony?
Yes, absolutely. Violating probation, especially with a new felony charge, almost guarantees jail time. The judge will consider the severity of both the original crime and the new felony when determining the length of your sentence. The potential jail time could be significantly longer than your original probationary period.
Will my probation officer be notified if I am charged with a felony?
Yes, your probation officer will be immediately notified. Law enforcement agencies are obligated to report any new charges against individuals on probation. This notification triggers the probation violation process, leading to a hearing where you'll have to explain the circumstances.
What happens at the probation violation hearing?
At the probation violation hearing, the judge will review the evidence related to the new felony charge. You’ll have the opportunity to present your side of the story and potentially argue for leniency. However, given the seriousness of committing a felony while on probation, securing a favorable outcome is challenging. The prosecution will likely argue for revocation and imposition of the original sentence.
How long will I be in jail if I violate my probation with a felony?
The length of your jail sentence will vary considerably based on several factors. These include the severity of both the original crime and the new felony, your criminal history, and the judge's discretion. It could range from additional time added to your original sentence to a completely new sentence for the felony, running consecutively to your original sentence. In some cases, this could mean spending many years in prison.
Can I get my probation reinstated after a felony conviction?
Reinstating probation after a felony conviction during probation is extremely unlikely. The court views this as a serious breach of trust, and the chances of regaining probation are slim. Focus should instead be placed on mitigating the consequences of the new felony and preparing for a lengthy prison sentence.
Disclaimer: This information is for educational purposes only and does not constitute legal advice. If you are facing a felony charge while on probation, it is crucial to seek immediate legal counsel from a qualified attorney in your jurisdiction. They can advise you on your specific rights and options.
