My child is on probation, but now they have a new case, what happens?

When your child is on probation, their probation officer will file a Petition to Revoke Probation if they believe your child has violated the terms of their probation. If the court finds by a preponderance of the evidence that your child has violated the terms of probation, your child’s probation will be revoked and they will be re-sentenced for that original offense. One of the main reasons your child’s probation is revoked is due to them committing another offense while on probation. If your child pleads guilty to the new offense, their probation is automatically revoked, as committing a new offense while on probation is always a violation of the terms of probation.

Remember, if your child pleads guilty to a new case while on probation, your child will be sentenced for the original offense they are on probation for, plus the new offense they most recently committed. The courts do not like when children commit new offenses while on probation.

It is important that your child has a defense attorney to represent them in both the probation revocation and the new case. The sentence recommendation from the probation officer during a revocation is often detention (jail for kids), out of home placement, or the Division of Youth Corrections for up to two years.

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