Below you can find some frequently asked questions about violation of probation.
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.