What You Should Do If You Have Violated Your Probation in New Mexico

Posted on by JACK MKHITARIAN

probationViolating your probation can have severe consequences depending on the nature of the crime for which you are serving probation and the nature of the violation itself. This article explains what you should do if you have violated your probation in New Mexico.

The Penalties for Violating Your Probation in New Mexico

The penalties for violating probation are greatly determined by the crime for which you are serving probation. In other words, if you violate your probation while on a certain level of supervision, then you will be exposed to the maximum sentence under the charge for which you were given probation.

For example, if you were given probation for a third-degree felony, then you will be facing the maximum amount of time for a third-degree felony, which is six years in prison in New Mexico.

Likewise, if you have a second-degree felony, you will be facing 15 years in prison. A first-degree felony, and you will be facing life in prison.

How Might You Violate Your Probation in New Mexico?

You can violate your probation in the following ways:

  • Getting arrested again
  • Testing positive for drugs
  • Not showing up for your probation appointment
  • Changing your residence without your probation officer’s consent
  • Not paying court fees
  • Failing to complete court-ordered programs, such as community service or substance abuse counseling
  • Leaving the city without permission
  • Violating court-ordered curfews

What Happens If You Violate Your Probation

First, your probation officer will draft a warrant and take it before a judge. The judge will then choose whether or not to sign the warrant, which he or she will almost always do if you are on felony probation.

If the judge decided to sign, you will then have a warrant for your arrest, and any contact with law enforcement where they run your name will result in you going to jail.

What to Do If You’ve Violated Your Probation

The best thing you can do if you have violated your probation is to hire a good lawyer. Your lawyer can then draft a motion asking the judge if you can appear in court. While this is being decided upon, your lawyer can pull your warrant and have a discussion with the state to try to resolve the issue before the hearing.

If you already have a resolution in place when you appear in court, you may be able to walk out the same way you walked in. If not, you may be taken into custody. However, at least it will happen on your own terms, and not at your job, place of business, or in front of your family. Furthermore, you will have had time to get your affairs in order.

If your lawyer can’t reach a resolution by the first hearing, and you are taken into custody, he or she can ask for a bond to be placed on your warrant, so that you can be released until your final probation violation hearing.

Finally, if the judge eventually finds you guilty of violating your probation, he doesn’t have to send you to prison, he can choose to do any combination of the following:

  • Reinstate your probation
  • Add additional conditions
  • Demand further drug tests
  • Demand a higher level of supervision, such as house arrest

This will largely depend on the nature and severity of the violation, and if you had any previous violations.

Free Consultation: Probation Violation Defense Lawyer

So, if you find yourself in a situation where you may have violated your probation, feel free to call New Mexico Criminal Laws Offices. Call us at 505-375-4767 or contact us here for a free case evaluation.