What Happens After a Violation of Probation?

Once a person has been placed on probation for allegedly committing a criminal offense, they may unwittingly violate the terms of their probation. Many people who have never been charged with a crime or convicted of a crime may not even realize the ramifications of this violation. The following describes common probation violations and the consequences a person can experience for committing a probation violation.

How is Probation Defined?

Probation is often called community supervision, community control, supervision, administrative probation, and adult community supervision. No matter what it is called, probation is granted by the court to certain individuals for committing some kind of offense in lieu of harsher punishments like jail or prison sentences. In order to be placed on probation, the individual MUST follow certain terms of the probation that are created by the court.

What Are Common Probation Requirements?

The terms of your probation will vary depending on the crime you were charged with. Common requirements can include regular meetings with your probation officer, payment of fines or court costs, attendance at counseling or classes, completion of community service, installation of an interlock device on your car, requirements to not commit other offenses, house arrest and drug or alcohol testing.

What Are the Most Common Probation Violations?

It can be very easy for someone to violate their probation without intentionally doing so. Most probation requirements are extensive, costly and most likely required to be completed within a certain time.

There are two types of probation violations a person can commit - substantive violation and technical violations. Substantive violations of probation occur if you commit another criminal offense while you are on probation. A technical probation violation can occur if you have violated one of the terms of your probation.

What constitutes a technical probation violation usually depends on the exact terms of your probation and what criminal charges were brought against you. For example, a person who has received a DUI may be required to have an interlock device installed on their car. A person may violate this requirement if they do not put the device on their car in a timely manner or fail to have it calibrated every month. Other common violations can include failure to meet with your probation officer in a timely manner, failure to pay fines or fees on time, failure to take or successfully pass a drug or alcohol test, failure to finish counseling or classes, and failure to timely complete community service.

What Can Happen to Someone if They Violate Probation?

A violation can lead to severe repercussions, including revocation of the probation, imposition by the court of a jail or prison sentence up to the maximum statutorily permissible punishment for your underlying offense, extension of the length of your probation, imposition of additional requirements to your probation, or an adjudication of guilty for the underlying offense.

What Should I Do if I Potentially Violated My Probation?

If you think you may have violated a term of your probation, have a warrant out for your arrest for violating probation, or believe your probation officer may claim you have violated your probation, it is beneficial to hire a criminal defense attorney. An attorney can help you avoid waiting in jail for weeks or months while the court resolves the violation of your probation, can request additional time to comply with the terms of your probation, or even persuade the judge to dismiss the allegation of the violation and terminate or reinstate the probation.

How is a Violation of Probation Hearing Special?

You have already experienced a criminal trial, perhaps in front of a jury, where the prosecution was able to prove beyond a reasonable doubt that you were guilty of a criminal offense. A probation violation hearing is different in many regards. It is presided over by a judge and there is no jury. Additionally, the prosecutor must prove by a preponderance of evidence that you violated the terms of your probation. This means that they have to prove that you more than likely committed a violation of probation, which is a lower standard than in your prior criminal trial.

There are many factors considered as the judge determines if you have violated your probation or what the consequences may be. Unlike regular criminal trials, where sentencing is determined by a rigid set of statute, probation violation hearings may result in more subjective sentencing. This may hinge on both the nature and severity of the violation. If you have a history of probation violation or have committed new crimes in the process of your probation, this can weigh heavily on the court's decision.

However, other factors are taken into account, which may be beneficial to your case. The probation officer may also be an asset in this case, especially if you have otherwise stayed faithful to the terms of your parole. Their view on the violation and that of the probation department can help paint the violation as a fluke occurrence or one that was a result of circumstances beyond your control.

Regardless of the offense you have been convicted of, you have certain rights. You still maintain the right to an attorney, the right to call or confront witnesses, and the right to testify on your behalf. More importantly, you also have the right to present mitigating circumstances, which may have contributed to the alleged violation of probation. This can be a great asset, whether you are representing yourself or are represented by a probation violation attorney.

Source by Don Pumphrey