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What Happens If I Get a New Charge While on Probation?


When you’re charged with a crime, having a criminal defense lawyer by your side can help you avoid lifelong consequences like a lengthy prison sentence, in trade for probation. This is a great alternative because you’ll be doing so outside of prison, though under supervision by a probation officer. 

But what happens to this freedom if you get a new charge while on probation? You’ll likely need to consult a probation attorney to understand your rights and help you fight the new charges.  

How Does Probation Work?

Probation is a form of sentencing different from parole where the accused serves time out of prison but under certain strict guidelines, including supervision by a probation officer. These rules are set by the court and will mostly depend on the criminal offense in question. 

Breaking any of these rules leads to a violation of probation, which can worsen your case, including serving time in prison for both charges. 

Normally, the judge will determine whether you qualify for probation and read it in the sentencing ruling. Probation might be granted after serving part of your sentence in prison or as your entire sentence without any prison or jail time. 

A seasoned probation attorney wants the best outcome for you and will strive to provide the defense you deserve for the latter outcome.     

What Happens When You Get a New Charge?

Among the terms and conditions of probation sentencing is an agreement to stay out of trouble. Getting a new charge while on probation is a violation of probation.

You will then be required to appear in court for a probation violation. This hearing allows you an opportunity to either admit to the violation or deny that it occurred. 

If admitted to, the judge can impose a sanction, which can include an extension of probation time, additional community service, jail time, and even revocation of probation. 

If you deny the violation, another hearing will be scheduled where the state will have the burden to prove the violation occurred.

Nevertheless, it’s a legal battle that you don’t want to fight alone because of what’s at stake.

After filing the petition, adjudication proceedings will commence for your new charges, separate from the offense you were convicted to probation for. This means you stand to serve two separate sentences should you be convicted of the new charges. 

Consulting a lawyer immediately when you’re charged with an offense while on probation can improve the outcome of your case and, ideally, get your probation reinstated.    

Seek Legal Defense from a Probation Lawyer

Facing new charges while on probation, whether convicted or not, is a threat to the freedom you enjoy outside of prison. You face probation revocation, not to mention possible additional charges should you be convicted of the second offense.

For the most favorable outcome possible, you’ll need qualified and experienced legal representation from a probation lawyer. Your attorney from Hersem Law understands the law and the best possible defenses to use against the new charges.  

Get started with a free strategy session regarding your case by calling 813-251-7291 or filling out the contact form at the bottom of this page. For more quick answers, check out our criminal defense FAQ page.