Probation Violations - LawInfo

A probation violation is an offense that occurs when you break the terms or conditions of your probation.

The punishment for a probation violation usually depends on a variety of factors. These include the nature of the violation, prior violations, and aggravating circumstances. A probation violation may result in penalties, including heavy fines, extended probation, or more jail time.

Probation violation laws vary among the states. If you have questions about violation of probation, talk to a criminal defense lawyer for legal advice.

How Can You Violate Probation?

A violation of your probation occurs when you ignore, avoid, refuse, or otherwise break the terms or conditions of your probation. This can happen at any time during the probation period. Probation typically runs from one to three years, but may also last for several years depending on the offense.

There are many ways to trigger a probation violation. Types of probation violations include:

• Not appearing during a scheduled court hearing
• Failing to complete community service
• Not showing up for a treatment program
• Not reporting to your probation officer
• Not paying any required fines or victim restitution
• Traveling out of state without the permission of your probation officer
• Failing a drug test or alcohol test
• Committing a new criminal offense

What Are the Consequences for Violating Probation?

The consequences of violating probation can depend on your individual situation. Generally, these range from a warning to serious consequences like imprisonment. Probation officers may have broad discretion to issue a warning or require you to appear in court for a probation violation hearing.

Warning or Request to Appear in Court

A minor first-time violation will usually be a warning. A probation officer may consider the severity of the violation, past warnings, and other considerations. If you’re ordered to appear in court, however, your probation officer may request some form of penalty, which could include jail time.

Determination of Probation Violation

During a probation revocation hearing, a sentencing judge will hear your case. The judge will determine whether you violated any terms of your probation. The prosecuting attorney will need to prove a violation occurred by a preponderance of the evidence. This means it is more than 50% likely that you committed a probation violation. This is lower than the beyond a reasonable doubt standard in criminal cases.

Sentencing

If you’re found guilty of a probation violation, you can be sentenced. The court may extend your probation, impose additional probation terms, order you to serve a brief time in jail, or revoke your probation. If your probation is revoked, you could have to serve out any remaining time of your original prison time.

Penalties and Punishment for Violating Probation

Judges have broad discretion to impose a prison sentence or other penalties for probation violations. Lighter penalties for violating your probation include:

• Community service
• Illegal drug or alcohol rehabilitation
• Boot camp or other programs aimed at correcting the behavior
• Electronic ankle monitor

More serious penalties include having to pay large fines, restitution, or having to serve a brief time in jail. The judge may also revoke your probation altogether and require you to serve the remaining terms of your original sentence in prison.

Your Legal Rights at a Probation Hearing

If you’re facing probation violation charges, it’s important to know your legal rights. You may be able to avoid any penalties for minor violations. Your attorney can also negotiate lighter penalties for a more substantive violation. Generally, you have the right to:

• Receive written notice of the claimed violations
• Be heard by a judge in court
• Have attorney representation
• Present evidence and witnesses to support your case

A probation violation attorney can help you understand the rights available to you at a probation hearing.

From technical violations to being arrested for a new crime, you should talk to an experienced criminal defense lawyer about your alleged probation violations.