Violation of Probation

Violating probation is a serious offense and there are many consequences that will follow a person who violates their probation. There are serious penalties involved which include but are not limited to jail or prison time, fines, counseling, not being able to have the record expunged later, rehabilitation, new convictions on a person's record as well as possibly having to complete the rest of their previous sentence.

What is probation?
Probation is what is issued after leaving county jail or at times when no jail time is required. A person who is paroled is someone that finished their sentence at a state prison.

There are many ways in which a person can violate their probation, below are some of the most common examples:

  • Failing to report a change of address or get approval to move from the probation officer
  • Failing to follow the terms of current probation
  • Committing another crime while still on probation
  • Failing to pass or submit a urinalysis
  • Failing to pass or submit a drug analysis
  • Failing to pay for restitution
  • Failing to report to the probation officer
  • Alter or break electronic monitoring devices
A probation officer can notify the court if he or she feels a person violated their probation and they can issue a warrant for the person's arrest. It is advised to report any violation of probation to the parole officer. Just because a person was not caught violating their probation does not mean that it cannot catch up to them.

It is very common for violations of probation not to be caught by the actual act but because of failing a polygraph test. In these situations the judge could have reviewed and charged the case differently if the person was not trying to hide the circumstance that caused them to be in violation and were upfront when it happened not after hiding it and failing a polygraph test.

Does a violation require new charges?
Just because they violated their probation does not constitute automatic charges. The judge will evaluate the circumstances and take all factors into account. The judge will determine if the person made every effort to meet the terms of their release.

For a violation to count against a person it must be willful. For example if a person loses their job and cannot pay the restitution that month then they will not be charged in violation. If a person is pregnant, goes into labor and ends up in the hospital and therefore is not at home during the required hours they will take that into account.

Make good faith effort
Making good faith efforts to following all of the terms of your probation is a must if you want your freedom. It is important to remember if you violate your probation it can cause serious penalties. Your freedom is at stake and if you violate your probation you may have to spend addition time in prison that otherwise you would not.

It is imperative to enlist the defense of an effective knowledgeable attorney to help defend your rights if you have been accused and are faced with charges because of violating your probation or parole. If your attorney can provide a compelling reason for why you violated your probation they may be able to have the charges reduced and jail time possibly dropped.