Understanding Probation Violations and Their Consequences

Probation is a court-ordered sentence that allows an offender to remain in the community instead of serving time in jail or prison. However, probation comes with certain conditions that the offender must abide by. Failure to comply with these conditions can result in a probation violation, which could lead to more serious penalties.

Defining Probation Violations

A probation violation occurs when an offender fails to comply with any of the conditions of their probation sentence. These conditions can vary depending on the offense, but they may include:

  • Reporting regularly to a probation officer
  • Abiding by a curfew
  • Refraining from alcohol and drug use
  • Seeking employment or continuing education
  • Undergoing counseling or therapy
  • Avoiding contact with certain people or places

If an offender violates any of these conditions, their probation officer will file a violation report with the court. The court will then hold a hearing to determine whether the violation occurred and what penalties should be imposed.

Federal and state laws determine if an action is a probation violation. Violation depends on the nature of the original crime, the nature of the violating offense, and the circumstances surrounding the arrest. Just getting arrested may not violate the terms of your probation. Common probation violations include:

  • Failing to appear at a scheduled court hearing. Missing court dates may be the number one reason probationers lose their probation.
  • Failing a scheduled drug test. Weekly or random drug and alcohol tests are standard probation requirements. Failing multiple tests will likely lead to a probation violation hearing.
  • Failing to report to your probation officer or failing to make scheduled check-ins as required. In some localities, probationers do not report to a human probation officer. Instead, they punch in at an ATM-style kiosk every week. Missing a punch-in is just like failing to report to a person.
  • Failing to report contact with law enforcement. Any time a probationer has any contact with law enforcement, positive or negative, they must inform their probation officer. It surprises many people to learn that failing to report a traffic ticket could be a violation of probation.
  • Traveling out of state without notifying your probation officer. People who live close to state lines or who need to cross state or country borders for work should mention this to their lawyer—before they are before the court for a violation of probation hearing.
  • Failing to pay court costs, fines, or restitution as ordered by the court. Probation usually requires the probationer to pay trial costs, fines for the offense, and restitution to the victims. You can work out a payment plan with the probation department if you can't pay the full amount immediately.
  • Failing to complete community service. You are usually given a set period of time to complete your community service hours. The court will call you back to explain why you have not finished your hours by that deadline.
  • Committing a new crime while on probation. Committing a new offense while on probation is almost certain to result in revocation of probation. Probation lets you prove you don't belong in jail. Committing another crime is not a good way to prove that.

Consequences of Probation Violations

The consequences of a probation violation can vary depending on the severity of the violation and the offender's prior history. However, possible consequences include:

  • Revocation of probation: This means that the offender will be sent to jail or prison to serve the remainder of their original sentence.
  • Extension of probation: This means that the offender's probation period will be extended, and they will be subject to additional conditions.
  • Increased fines or restitution: The offender may be ordered to pay increased fines or restitution to the victims of their crime.
  • Community service: The offender may be ordered to perform community service.
  • Jail time: The offender may be sentenced to a short period of jail time.

Preventing Probation Violations

Probationers can take several steps to prevent probation violations:

  • Understand the conditions of probation: Carefully read and understand all the conditions of your probation sentence.
  • Communicate with your probation officer: Maintain regular communication with your probation officer and inform them of any changes in your circumstances.
  • Seek help if needed: If you are struggling to comply with your probation conditions, seek help from your probation officer, counselors, or other support services.
  • Avoid situations that could lead to violations: Stay away from people, places, or activities that could tempt you to violate your probation conditions.

Remember, probation is an opportunity to avoid incarceration and rebuild your life. By adhering to the conditions of your probation, you can demonstrate your commitment to rehabilitation and increase your chances of success.

Find a Criminal Attorney

Using LawyerConnections.co is a great way to find a criminal defense lawyer who meets your needs and who has a good reputation in your community. However, it's always a good idea to do your own research and ask for referrals from friends and family members who have had positive experiences with working with an experienced criminal defense attorney that has handled criminal cases in the past.