R&B heavyweight Chris Brown could have pulled a jail sentence for battering girlfriend Rihanna (see Monday's post), but his criminal defense attorney convinced the L.A. judge to gave him a second chance. Essentially, that's what probation is; the court is giving you a chance to change your behavior and live within the law. Naturally, this opportunity comes with a short leash. You must precisely follow the terms of your sentence for the entire probationary period -- in Brown's case, 5 years -- or face often severe consequences, including jail time. If you break any of the rules imposed by the court during your probationary period, you are considered in violation of your probation. Your probation can be revoked, and you can be arrested and taken to jail.
A number of factors and the skill of your criminal defense attorney in presenting your case to the court can influence the judge's decision at a probation violation hearing, including:
- Seriousness of your probation violation
- Number of times you have violated probation
- Mitigating or aggravating circumstances
- Timing of the violation (early or late in your probationary period)
- Involvement in a new crime
- Recommendation of your probation officer
