In the Mississippi criminal law system, a sentence of probation is a less severe form of punishment and often takes the place of incarceration. There can be some significant consequences for violating probation, however.
Technical versus more severe probation violations
Mississippi criminal law recognizes a distinction between what fairly can be called a technical probation violation and a more severe infraction of probationary terms. Punishment for probation violations is on something of a graduated system. One technical violation may result in a minimal sanction while repeated violations or a more serious infraction can cause a probationer to incur significant penalties.
Sanctions for probation violations
A technical probation violation is likely to result in a warning, particularly if a probationer has not had prior infractions. A first-time more serious probation violation may result in the imposition of additional terms and conditions for the probationary period.
More serious infractions or a subsequent probation violation may result in a jail term. Typically, an initial penalty of time in jail will be of fairly short duration.
An individual who commits a more serious probation violation is apt to face a more extended period of time in jail. If the violation is deemed particularly serious or a subsequent infraction, a probationer may face the prospect of a revocation of probation and being sentenced to jail or prison.
Because a more serious allegation of violating probation can result in a revocation or probation and commitment to jail or prison, legal representation is advised. A criminal law attorney can protect a person’s legal rights and interests during the revocation process and particularly at a probation revocation hearing.
