In many cases, an alternative to jail time for a criminal offender is probation for a certain period of time. When placed on probation, you have certain rules that you have to follow. If you fail to follow these rules, you can face violation of probation. This is an offense that could result in jail time or other serious punishments. So, you should not violate your probation. On this page, I’ll give an introduction to the violation of probation so that you understand what it is and the consequences of it.
Violation of Probation
As I mentioned in the introduction, you can face violation of probation if you do anything against your probation. There are two main types of violation of probation – technical and substantive. A technical violation of probation means that you failed to meet certain conditions outlined by a judge when you went on probation. Some common examples of a technical violation include:
- Failing to meet with your probation officer at the appointed place/time.
- Breaking your curfew.
- Carrying or using a firearm.
- Carrying or using drugs/alcohol.
- Contacting your victims.
- Quitting school.
- Traveling out of the state.
- Not appearing in court at the scheduled time.
If your probation officer learns that you have failed to follow the conditions of your probation, they will report this to the court.
The other type of violation of probation is a substantive violation. This occurs if you commit a new crime while you’re on probation. A universal condition of probation is that you will not commit any new crimes while you are under the supervision of the probation department. If you get re-arrested, even for a minor crime, you risk a charge for violation of probation.
What Happens If I’m Charged?
If charged with violation of probation, you might just receive a warning your first time. If you have done something minor such as break your curfew or if it is only your first offense, you might just get a slap on the wrist. However, it is up to the court’s discretion to bring the charge against you, and you could face the probation hearing, during which you can be sentenced for this crime.
At the probation hearing, the prosecution will prove how you violated your probation, and it is your responsibility to provide evidence showing that you did not violate your probation. A judge will determine your guilt or innocence after hearing both sides. If you are found guilty, your probation will be revoked, and you face jail or prison time, fines, and other punishments.
If you are being charged with violation of probation, you need help fighting it. Get help by contacting an attorney.