When you fail to follow the conditions of your probation, it is a violation of probation.
If you fail to follow any of your conditions or you get arrested, your probation officer may return your case to court. You will have a court hearing and if they can prove a violation, you may face jail time.
Probation is an alternative to jail. When you are on probation:
- You have to report to a probation officer.
- You may have to participate in treatment.
- If you get arrested or fail to comply with conditions, you will violate your probation.
- You do not have the same liberties that other people not on probation have.
- Comply with certain conditions ordered by the court, such as community service, is necessary.
- You may be subject to random urine or other chemical testing.
Other information about probation comes from the Connecticut Department of Adult Probation’s frequently asked questions website.
Below you can find some frequently asked questions about violation of probation.
What Happens After I Violate Probation?
Violating your probation means you failed to meet one or more of the conditions of your probation. If in violation of your probation, a warrant is issued for your arrest, and there will likely exist a bond out for your release.
Violations of probation hearings are governed by state statute (C.G.S. § 53a-32). You can have a hearing and an attorney to represent you as a result of your violation. Before your hearing you should be aware that:
- You will be arraigned for the violation of probation and a judge may decide to increase or decrease your bond for release § 53a-32(b).
- You may have to continue seeing your probation officer while your violation is pending § 53a-32(b).
- If you cannot afford an attorney, you may qualify for a public defender 53a-32(c).
- Your probation hearing must be within 120 days of arraignment unless you waive that time frame § 53a-32(c).
A probation revocation hearing is not a criminal proceeding. This means that you are not afforded the same protections you have at a criminal trial. The state only has to prove your violation by a preponderance of the evidence, or that it is more likely than not that you violated your probation. This is a lower burden of proof than “proof beyond a reasonable doubt” which is used in court.
What Happens if the Court Finds that I Violation My Probation?
If a court finds that you have violated your probation, it must next decide whether you are allowed to continue your probation. By state law, a court may:
- Continue the sentence of probation.
- Modify or enlarge the conditions of probation.
- Extend the period of probation.
- Revoke the sentence of probation or conditional discharge and order jail time.
If you lose your probation hearing, you may have to serve some or all of your original jail sentence. Therefore, if you think that you may have violated your probation, it is important to call an attorney and find out what rights you have.
What are Some Common Conditions of Probation?
While conditions of probation vary from case-to-case, some common examples include:
- Refraining from using drugs or alcohol.
- Refraining from carrying or using deadly weapons such as guns.
- Obeying all laws.
- Paying fines.
- Attending school or attempting to further your education.
- Working or attempting to find a job.
- Abiding by a curfew.
- Meeting regularly with probation officer.
- Remaining within the state.
- Appearing at court dates.
- Paying restitution to victim(s).
- Avoiding victims or certain places.
What Rights Do I Have at a Probation Revocation Hearing?
At a revocation hearing for your probation, the prosecutor has to prove that you knowingly violated a term of your probation or that you committed a new crime. If there are new charges brought against you, you have the right to know what these charges are. In addition, you have the right to present evidence proving that you did not violate your probation. An attorney can assist you with presenting a case in court.
If My Probation Gets Revoked, Can I Appeal this Ruling?
In most states, you have the opportunity to appeal a revocation of probation ruling. If a higher court determines that the lower court made a mistake when revoking your probation, it will be reinstated.
How are Probation and Parole Different?
The main difference between these two terms is that probation occurs as an alternative to jail time and parole occurs after a person is incarcerated and as they are reintroduced into society. This is really the biggest difference between probation and parole – in most other ways they serve the same purpose and function in the same way.
What Rights Do I Have While I Am on Probation?
While you are on probation, you always have the rights to be treated professionally and respectfully. You should not be victim to any form of harassment or discrimination based on your sexual orientation, race, gender, religion, age, disability, personal views, etc. Your probation officer should treat you with respect while you are a probationer.