Probation Violation

Persons convicted of a crime may be sentenced to probation rather than sent to prison. Probation may be given by the judge, allowing the convicted offender to perform certain requirements while on probation.

For example, the offender may be required to find a job, report to their probation officer, not associate with known criminals, take a regular drug test, attend an alcohol and drug rehabilitation program, and keep a curfew. Failure to meet any of the probationary requirements as outlined by the court is considered a probation violation.

What happens if I violate my probation?

The penalties for violating probation vary by the nature of the violation, whether the offender has previously violated probation, and the seriousness of the violation. For example, convicted criminals who commit another crime while on probation may face stiffer penalties than a criminal who violated their curfew.

Common penalties for a probation violation include the following:

• Warnings

Criminals who violate their probation may, in some cases, simply receive a warning. This is especially true if their violation was minor.

• Community Service

Some probation violations may receive additional community service.

• Rehabilitation or counseling

Criminals who are caught drinking or using drugs may be required to attend a more intensive rehabilitation program or to attend some type of counseling program. Refusal to attend could result in a jail sentence.

• Increased probationary period

Criminals who violate their probation may simply have their probationary period extended.

• Jail Sentence.

Finally, the most serious probation violations may result in a jail sentence.

In addition to any of the above consequences for a probation violation, criminals who commit a crime while on probation may be charged with additional crimes. For example, if you were convicted of assault and given probation but you robbed a convenience store while on probation, you could be charged with robbery and sentenced to prison.

Probation Violation Hearing

Criminals who have violated probation may be required to attend a hearing, especially if their probation officer determines the violation is serious enough to require a hearing. If they are required to attend a hearing they should receive a written notification, which includes the violations in which they have been charged.

Potential probation violators should consider hiring a criminal defense lawyer to represent them at their probationary hearing, especially if the violations are severe and they may be sent to jail. Regardless of whether or not a potential probation violator has legal counsel or not, they have the right to present evidence for their own defense.

It is up to the state to prove the probation violation occurred. Violations are proven through a preponderance evidence not beyond a reasonable doubt. After the court hears evidence from all parties they will make their decision about the penalties which should be imposed.