A probation violation is an act that happens when someone ignores, breaks, or avoids the terms and conditions of your probation. They also include the nature and severity of violations.
The possible consequences of a probation violation may be hefty fines, extended probation, jail time, significant penalties, and more. It can be determined by the nature and seriousness of the violation. It may happen due to certain circumstances that may even worsen or lessen the situation.
How Probation Is Violated:
The laws and punishments of probation violations may vary among the states and countries. Generally, a probation violation happens when a person ignores, avoids, or breaks the terms and conditions of probation during the probation period. Usually, probation violence lasts for one to three years, but it may continue for several years depending upon the violation’s nature.
A probation violation may happen in several ways. Many circumstances may lead to a violation of probation. It includes:
- The person doesn’t appear at the court meeting on the scheduled time and date
- The person doesn’t report to the probation officer at the set time and date
- Avoid or ignore court orders to pay fines or restitution to the victims
- Visiting or traveling out of the state without informing or permission of your probation officer
Consequences for Professionally Violating Probation:
Request or Warnings to Appear in Court
There is no certain rule of law for the proceeding after a probation violation is reported. Probation officers have broad authority to issue you a warning, penalty, or order to appear in court. The probation officer considers nature, seriousness, any past violation record, violation circumstances before taking any action. If you want to appear in court for a probation hearing, the probation officer will request some penalty that potentially may be a hefty fine or jail time.
Determination of Probation Violation
During a probation violation court hearing, a judge will hear your case to determine whether you committed any probation violation. During the hearing, the circumstances of probation violation are also considered. The prosecuting attorney tries to provide evidence that shows a probation violation has occurred. Many factors judges consider before issuing any final court notice. It includes nature, kind seriousness, circumstances of the violation reported. Any prior history of probation violation and some other conditions are also important factors.
If a person may feel guilty of committing a probation violation, the court issues sentencing shortly after the court hearing. Sentencing of probation violation may include an extended probation period, additional probation terms, a brief jail period, or even suspending your probation. The person has to spend all time of his sentence in jail. Factors like nature, kind, circumstances, and manner of violation are considered before sentencing. Another important factor among considerations is the prior violation history of that person.
Legal Rights at a Probation Hearing:
It is important to avoid any additional charges, consequences, and penalties. Generally, a person has the legal right to:
- Representation in a court hearing by an attorney
- Having a court hearing by a neutral judge
- Receiving a written notice of reported probation violations against you
- Support your case by providing relevant evidence and witness in the court and refuse to accept evidence against you
The law and rights of a probation violation may vary for different states and federal governments. A legal or private attorney can help you to understand your legal rights in your particular state.
Probation Violations: Technical vs. Substantive
Probation may also include surveillance. It is an individual control program that restricts the activities of a person within a community. There are certain terms and conditions that a person has to follow during a probation period.
Substantive Probation Violations:
Substantive probation violation happens when a person under probation commits a new crime. It is considered a byproduct of the original crime. The substantive violation is considered a separate offense that involves a commitment to a new criminal act. The sentence of substantive probation violation may include an increased probation period, additional charges, and hefty fines.
A common example of a substantive violation is a driver who drove with a suspended driving license. According to probation laws, the driver has violated the law up to an extent. Another person who is under probation period commits theft or fraud will also be charged for committing the substantive violation.
Technical Probation Violations:
Technical probation violation happens when a person who is under probation period fails to follow any terms and conditions of probation. It doesn’t include any act of criminal activity or arrest. Probation terms and conditions may include a curfew, taking classes, enrolment in a school, undergoing drug or alcohol tests, meeting probation officers, and many more.
When the individual under probation fails to meet any of the probation conditions, it is a technical probation violation. For example, a person fails to appear in the meeting with a probation officer or at a court hearing at a scheduled time and date; it will be considered a technical probation violation.
Common Violations of Probation:
Several factors are included in the violation of probation. The understanding and knowledge of factors and things that are considered as a probation violation are very important. It can help you to avoid any such action and also help you to present relevant evidence in court. Common things that are considered as probation violations are:
- Failure to attend a meeting with a probation officer: If you fail to attend the meeting with the officer, it will be considered a probation violation, and you can get a severe sentence.
- Fail to appear in court hearing: The hearing judge may need you to attend court hearings after a certain period of probation violation. If you fail to appear in the court hearing, it will be considered a severe probation violation.
- Avoid or fail to pay fines or restitution: The court may order you to pay a hefty fine or restitution to the victims based on the nature of the violation that you commit. If you are not sure to pay the fine at the scheduled date set by the judge, it will be considered as a new probation violation.
- Avoid completing community services: One of the sentences that can order on a probation violation is community services. You have to complete a set number of community service hours within a given period. Failing to complete community services in a given time can result in charge of new probation violations.
- Reporting another crime: one of the important probation conditions is you will not commit any crime during your probation period. Even a small crime will be considered a probation violation.
- Not being enrolled/employed: In some sentences, you are required to enroll in a school or get a job.
- Fail to stay away from prohibited people/places: An important condition of probation violation is to stay away from certain people. Usually, these are the people involved in criminal activities. Violation of this probation term can result in severe consequences.
Consequences You Could Face for Violating Probation:
If you feel guilty of violating probation terms and conditions, you will be required to attend another court gearing. If you violate any probation condition, you can face further consequences. The judge could impose the following sentence upon probation violation:
- Extend your probation period under the same condition
- Impose additional requirements and modify your probation
- Terminate your probation with further severe conditions
- Extend the probation period up to five years
- Serve a jail up to 30 days with severe conditions
- Terminate your probation and serve you a jail with new conditions
Frequently Asked Questions (FAQs):
What are the different kinds of probation violations?
There are two main kinds of probation violation, Substantive probation violation and technical probation violation. It will help you to fight against the criminal charges imposed due to probation violations.
What is meant by parole probation violation?
During a parole probation violation, an arrest warrant may be issued. If your parole violation proved as a criminal offense during the court hearing, you might get additional charges. You can get penalties or hefty fines. In some cases, the parole may be revoked, which means you have to complete your sentence in jail.
What is meant by technical probation violation charges?
Technical probation violation charges usually mean that you are charged for noncriminal violation. It means you don’t have to violate any criminal law and don’t can be charged for criminal violations.
What are the chances and results of a probation violation?
Probation violation results in serious consequences, and the court can impose a sentence on the charged person. Probation sentences can include penalties, hefty fines, suspension of probation, and even jail.