What Happens if You Get a Felony while on Probation?
Probation is a sentencing option where an individual is released into the community under supervision instead of serving a prison sentence. It is considered a less severe punishment, allowing individuals to continue living with their families and maintain their employment or education. However, it is crucial to understand that probation is not a free pass, and individuals must comply with the terms of their probation to avoid violating their sentence.
Consequences of Getting a Felony while on Probation
If you are currently on probation and get arrested for a felony, you will likely face severe consequences. The outcome will depend on the specific circumstances of your case, the terms of your probation, and the discretion of the judge.
Varying Degrees of Severity
Felony convictions can have varying degrees of severity, from serious felonies to less serious felonies. Serious felonies, such as murder or rape, carry a heavier sentence and may lead to automatic revocation of probation. Less serious felonies, like burglary or drug possession, may not automatically revoke your probation, but you will still face significant consequences.
Probation Revocation
Automatic Revocation: If you are arrested and charged with a serious felony, your probation may be automatically revoked. This means that your probation officer will likely arrest you, and you will be taken into custody. You may then be required to serve the original sentence, including any prison time.
Probation Hold: For less serious felonies, you may be placed on a probation hold, which allows you to remain free but under close supervision. You will likely be required to appear in court, and your probation officer will need to make regular reports to the court.
Criminal Tethering
Criminal Tethering: As part of your probation, you may be required to wear an electronic monitor (ECM) or a GPS tracking device. This allows probation officers to monitor your location and movements to ensure you are complying with the terms of your probation.
Criminal Mischief
Criminal Mischief: If you are arrested and charged with a new felony while on probation, it is considered criminal mischief. This can lead to a writ of arrest, which means that a judge can order your arrest and imprisonment at any time.
Writ of Arrest
Writ of Arrest: A writ of arrest is a legal document issued by a judge, authorizing law enforcement to arrest and take you into custody. This is usually used when you are considered a flight risk or a danger to society.
Collateral Consequences
Collateral Consequences: Even if your probation is not revoked, getting a felony conviction while on probation can have significant collateral consequences. These may include:
- Loss of voting rights
- Loss of professional licenses
- Increased insurance premiums
- Difficulty finding employment or housing
- Public notification of your conviction
Legal Defenses
Legal Defenses: If you are facing felony charges while on probation, it is essential to understand your legal defenses. Some common defenses include:
- Innocence: You may argue that you did not commit the crime.
- Mistake of fact: You may argue that you acted under a mistake of fact.
- Duress: You may argue that you acted under duress or coercion.
- Entrapment: You may argue that you were entrapped or induced into committing the crime.
Table: Probation Consequences for Felony Convictions
| Felony Charge | Probation Consequences |
|---|---|
| Serious Felony | Automatic Revocation |
| Less Serious Felony | Probation Hold |
| New Felony Conviction | Criminal Mischief |
Conclusion
Getting a felony conviction while on probation can have severe consequences. It is essential to understand the terms of your probation and the legal implications of a new felony charge. If you are facing felony charges while on probation, it is crucial to consult with an experienced attorney who can help you navigate the legal system and present the strongest possible defense.
Important Points to Remember
- If you are arrested and charged with a serious felony while on probation, your probation may be automatically revoked.
- Less serious felonies may result in a probation hold or criminal mischief.
- Even if your probation is not revoked, a felony conviction can have significant collateral consequences.
- It is essential to understand your legal defenses and work with an experienced attorney to present the strongest possible defense.
Resources
- American Probation and Parole Association: www.appa-net.org
- National Association of Social Workers: www.socialworkers.org
- National Institute of Corrections: www.nicic.gov
