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.
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.