Probation Violation

A probation violation is committed any time a probate breaks any of the conditions of his probation.  Probation is one possible penalty that may be given after a person is convicted of a crime.  Probation may be an alternative sentence to incarceration or may follow a period of jail or prison time.  The length and specific terms of probation will be determined by the sentencing judge.  A person who is placed on probation will also be assigned a probation officer who will monitor the probate to ensure compliance with all terms of probation.  The probation officer also has discretion over instances of probation violation.

A probation violation can occur in a number of ways.  When a person is placed on probation there are a number of limits that are imposed on his/her freedoms.  The probate may be restricted to a certain place of residence or a particular job.  Changing jobs or homes without permission may be considered a probation violation.  There may be a number of responsibilities a probate must fulfill to avoid a probation violation.  These requirements can include: community service, drug or alcohol classes, periodic chemical testing, and more. 

A common probation violation is failure to meet with the probation officer at an agreed upon time.  A probate will often be required to meet with their officer about once a month or more frequently if deemed necessary.  Other probation violation acts can include: possession of illegal drugs, the commission of a crime, association with known criminals (especially involving a gang-related offense), and more depending on the nature of the original crime, and other terms of probation.

When a probate commits a probation violation, their probation officer will decide whether to issue a warning or require him to appear at a probation violation hearing in court.  This decision will be based on the severity and type of probation violation that was committed, the person’s record of past probation violations, and more.  If a probate is ordered to court for a probation violation hearing, the officer will typically request some punitive action be taken which typically involves incarceration. 

At a probation violation hearing, the prosecution must prove that the probate violated the established conditions by a preponderance of evidence.  This means that they must show the probation violation, more likely than not, occurred.  When a person is found guilty of a probation violation, the court may extend his probation, or impose additional probation terms.  A probation violation may also result in a period of incarceration (typically not more than a few months to a year) or the reinstatement of a suspended incarceration sentence.  If a judge feels that incarceration is not sufficient punishment for a probation violation, they may order the probate to attend a boot camp program.  This is typically an option used for younger offenders is not always considered in cases of probation violation.

If you would like to learn more about probation violation, please contact us to speak with an experienced criminal defense attorney in your area.