The Penalties of a Probation Violation

Probation gives an individual an opportunity to resume a life similar to the one they knew before their criminal conviction. However, this taste of freedom can end prematurely if someone violates the established rules of release. Sometimes, an individual may even have to return to prison to serve the rest of their sentence.

The Conditions of Probation

While the exact rules for one’s probation are unique to the convict, there are some Conditions of Probation that apply to every case in the state. While on probation, one must follow these technical rules:

  • Avoid injurious behavior
  • Avoid places and people of disreputable character
  • Do not move or travel without permission from the probation supervisor
  • Permit the probation supervisor to visit the probationer at home, work, or elsewhere
  • Report to probation supervisor as directed
  • Uphold a suitable job

Other more specific requirements may be added. These special conditions could instruct one to:

  • Be in good general behavior
  • Pay reparation or restitution to a municipality or county to reimburse the money used on the individual while incarcerated
  • Pay reparation or restitution to any aggrieved person
  • Submit to evaluations and testing related to rehabilitation
  • Support dependents

Violations

When someone violates their probation, a warrant will be issued for their arrest. A judge will hear the probationer’s case and decide whether a violation occurred. They will then have the authority to issue appropriate penalties, which will vary based on the violation that occurred.

Technical Violation

Technical violations represent one’s failure to meet the technical terms of their probation. This could be the result of leaving fines unpaid or failing to report to the probation officer.

Special Condition Violation

Probationers are required to uphold the additional terms specific to their case. Special condition violations may include failing to participate in rehabilitative programs or comply with drug testing.

Substantive Violation

A substantive violation happens when a probationer commits a criminal offense while on probation and gets arrested. Of the three violations, it is the most serious, and can result in:

  • Additional fines
  • Additional rehabilitative programs
  • Community service obligations
  • Extension of probation
  • Revocation of probation, leaving the individual to serve the rest of their time in jail

Let our attorneys ease your fears and put our years of experience to work. We will fight tirelessly to defend you and your continued freedom. Contact us for more information.