There are so many reasons why many offenders fail to complete the court-ordered community services. Of course, there will be punishment if an offender fails to complete their community service. If you want to know what happens if an offender does not complete or fails to perform community service, let’s see our post below!
How If an Offender Fails to Perform Community Service?
If an offender fails to perform the community service, they may be arrested and sent to jail, unless they request for an extension. Depending on the court, you may get at least one extension for community service.
However, if the original charge which resulted in the community service is a misdemeanor, the community service can be converted to jail time or fine. If community service is part of a felony probation agreement, failure to complete community service may constitute a violation of the probationary conditions which may result in the original sentence being imposed and the probation revoked.
In other words, judges will be able to incorporate community service into a defendant’s sentencing in several ways and for various types of offenses. The judges commonly will order community service for low-level property crimes or to first-time nonviolent offenders.
Previously, the community service was often reserved for misdemeanor crimes, however more judges have started using community service in felony cases. The defendants with violent offense conviction will not have the choice to participate in community service to lighten their sentences.
It’s important to note, if you fail to complete your community service repeatedly, Probation and Parole will make an application to court for a renewal of your community service order. Furthermore, they will reveal their reasons for revocation in a report provided to the court in your breach proceedings.
Afterward, you will be then called to attend court for those proceedings. Well, you will be required to attend court for those proceedings. Of course, the court won’t deal with it in your sentence.
What Will a Judge Do If You Fail to Complete Community Service?
If you fail or do not complete the community service, the court may do the following things:
- Require you to make another attempt to complete your community service
- Revoke the community service order and re-sentence you to alternatives to full time jail, such as Home Detention, Suspended Sentence and Intensive Corrections Order
- Sentence you to a further community service order
- Sentence you to a term of full time imprisonment
- Don’t take action on the breach
Before judges do those actions, it’s important for you to contact your probation officer as soon as possible if you for whatever reason cannot attend community service. Make sure to be honest with them.
If you’re sick, they may require a medical certificate or some other documentation that confirms your urgent reason for not attending community service. Afterwards, they will commonly give you a few opportunities before considering any action or breach proceedings. However, you may need to remain in contact with them as often as possible if you cannot attend for any reason.
Why is Completing Community Service Very Important?
Basically, the community service is not a choice for people who are convicted of serious crimes, but it is used as an alternative form of sentencing for lesser offenses and as a condition of probation. In general, community service involves doing a certain number of unpaid work hours at a public or nonprofit organization.
Read also: Easiest Community Service for Court
While you’re performing community service, the court will determine the necessary unpaid labor hours and the time frame for completion. Keep in mind that community service is such a serious matter, even if it involves picking up trash or performing other menial tasks.
Since community service is actually offered in lieu of serving time in jail or paying fines or for a reduction of fines or jail time, so if you don’t complete your community service, it can mean paying those incarceration or monies. In this case, the judge will be able to give you punishment for the maximum amount of time you have encountered as sentence and levy the maximum fines.
As the defendant, you probably receive a notice to appear at a hearing, so that the court will easily determine whether you failed to comply with your community service requirements. So, make sure to think that you agreed to do community service as part of a deal to stay out of jail or also receive less jail time. Of course, the deal is revoked if you don’t keep up your end of the bargain.
What Should You Do If You Fail for Community Service?
If you do not complete community service or you fail for it within the prescribed time, you can request for an extension as the chance for you to perform your community service again. You will need to ask for the extension before your deadline for completing community service, not after the fact.
In the case of requesting an extension, you need to bring documentation with you to prove your inability to complete your hours is valid. Well, it may include medical records if you were injured or sick.
Furthermore, you may also request referral to another community service project if there are problems with the type of community service or transportation to and from the organization that affect the sentence completion.
If you do not complete your community service or know that you prove unable to do so, you may need to speak with your attorney immediately to discuss your options. If you do not have an attorney, you need to get one as soon as possible. Need to know, courts will not look kindly on those who violate the terms of their parole or probation that may include community service. Here, you really need legal advice.
If you want to know how many extensions are available, you may need to make a call to the court or the District Attorney’s office. Generally, you will get at least one automatic extension to do community service.
A bookworm and researcher especially related to law and citizenship education. I spend time every day in front of the internet and the campus library.
