Probation Violation? What to Expect?

Depending on your case and the prosecutor’s recommendations, the judge set restrictions and terms of your probation that may include regular contact or visits with your probation officer, paying certain fines and more specific restrictions or requirements based on your case.

The consequences for violating probation depend on several factors including the seriousness of your violation, the frequency of your violation and the nature of the violation itself.  Below are some of the remedies that are commonly used:

Community Service

You may be required to to perform community service.   Your service not only is a means of restitution but also meant to aid in correcting the behavior that got you in trouble.

Rehabilitation

For probation violations that involve drugs or alcohol, for example, being found in possession of drugs or failing a drug test, your probation officer may order you to drug or alcohol treatment in a rehab center.  If you refuse, you may wind up in jail instead.

Counseling

At times, some probation officers may deem it necessary to order counseling services. This may occur if the probation officer believes an underlying mental or emotional issue is the cause of the probation violation or ongoing problems for the offender.

Fines

Depending on your situation and/or case, a probation violation may incur additional fines. This may be a fine that you must pay to the victim of the original crime or the crime that caused you to violate probation. In other instances, you may pay the fine to the court itself.  

Jail

Depending on the violation, you may find yourself in jail.  This may be temporary or if the offense is serious, for longer periods of time.

Increased Probationary Period

In some cases, a probation officer may determine that you are not ready to completely reenter society without supervision. As a result, the probation violation may result in an extension of your original probation term.

Revocation of Probation

If the probation violation is serious, a judge may order your probation revoked. If this occurs, you may have to serve the remaining amount of time of your original sentence in jail.

New Charges

If the probation violation involved you committing another crime, you will also face new charges based on that crime. Your criminal history may be taken into consideration by the prosecution when determining the charge and the potential punishment that it seeks.

Other Consequences

State and federal laws state the potential punishments that probation officers and judges can order if an individual violates probation. Other consequences may be imposed and are only subject to the maximum limits prescribed by state or federal statutes.

Probation Violation Hearing

Depending on your case and violation, you may be ordered to attend a probation violation hearing. Probation officers usually have full discretion in warning the individual who violated probation or imposing one of the consequences listed above.

In certain situations, your probation officer may find that the nature of the probation violation, its severity or a history of probation violations warrants the need for a probation violation hearing.  You are entitled to written notice of the violations that you are accused of committing.

You are also entitled to be represented by an attorney during this type of hearing. You can present evidence during the hearing, as well as ask for witnesses to testify on your behalf or to refute allegations made by the prosecution. If you are ordered to a probation violation hearing, the burden of proof is only by a preponderance of the evidence, a much lower standard than beyond a reasonable doubt.

The probation officer may request a specific type of penalty, including jail time. A sentencing judge hears the case to determine whether the prosecution has met its burden. Again, the judge considers the nature of the probation violation, severity of the violation and any history of previous probation violations. Additionally, the judge may consider any mitigating factors. If the judge finds that you did indeed violate the terms of your probation, the judge will impose some type of sentence shortly after this hearing.

If you are facing a probation violation hearing, call JAM Law for a free consultation 678.884.5095