Violations of Probation – 10 Common Ways it Can Happen

You might have missed a meeting with your probation officer because of a simple scheduling error. The officer is now saying that you are in violation of your probation. Is this true?

It can be, yes. Ten common ways that you can violate probation are when you:

1. miss a court date or a meeting with your probation officer,
2. move without the court’s permission,
3. fail to maintain employment,
4. fail an alcohol or drug test,
5. do not pay a fine or restitution,
6. violate a restraining order (usually issued in domestic violence cases),
7. do not complete therapy or a treatment program,
8. fail to complete community service,
9. fail to install an ignition interlock device or SCRAM ankle bracelet (usually required in DUI cases), and
10. commit a new crime or violate a new law.

Note that a probation violation will likely result in a probation violation hearing. In the course of this hearing, a judge may decide to:

1. revoke your probation, and
2. place you in custody to serve out any suspended sentence.

1. What is probation?

Probation is a type of sentence in a criminal case whereby you are released into the community under the supervision of a probation officer or the court. Probation is an alternative to either a:

• jail sentence, or
• prison sentence.¹

While on probation, you must adhere to certain terms and conditions of your probation, as determined by the court.²

Note that probation is not awarded with every set of criminal charges, and it is considered an act of grace by the court.³

In deciding whether or not to grant you probation, a judge will consider such factors as:

• the specific facts of your case,
• your criminal record, and
• the need for the sentence imposed.⁴

Note that a judge may award probation in both misdemeanor and felony cases.

2. What are the “conditions and terms” of your probation?

As stated above, you must adhere to certain terms and conditions (as imposed by the court) for the entire length of your period of probation.

For example, a judge may require you to do any of the following while on probation:

• pay fines and restitution,
• perform community service hours,
• abstain from alcohol and/or illegal drugs, and
• refrain from any criminal activity or not commit another criminal offense.

If you do not abide by the terms and conditions of your probation, you are said to be in violation of your probation. A result is that you will probably have to attend a probation violation hearing.

3. What is a probation violation hearing?

A judge will typically hold a probation violation hearing if you are facing probation violation charges. This court hearing is sometimes referred to as a probation revocation hearing. A judge holds the hearing to determine if you truly did commit a probation violation.⁵

A judge can hold the hearing for a violation of either misdemeanor probation or felony probation.

A prosecutor and your criminal defense attorney will normally be present at these hearings. The prosecutor carries the burden of proving, by a preponderance of the evidence, that you violated probation.⁶

In turn, a defense counsel can present evidence of mitigating circumstances surrounding your violation. These are facts that may lead a judge to impose less severe penalties.

At the conclusion of the hearing, the judge sets forth the consequences for violating probation. These may include:

• reinstating your original probation under the same terms and conditions,
• modifying your probation so that it includes additional terms or harsher terms, or
• revoking your probation and making you serve your original sentence in custody.⁷

In the end, your specific penalty will depend on:

• the severity of your violation, and
• the type of violation that you committed.

For example, if you committed a first-time violation that was mild in nature (for example a technical violation), a judge would likely reinstate your original probation. But a judge would likely make you serve jail time or prison time for more substantive violations.

4. Should you contact a criminal defense lawyer?

Yes. You should seek legal advice from an experienced criminal defense attorney or law firm if you violated your probation.

A defense lawyer can provide invaluable assistance by:

• advising you on the pertinent criminal laws affecting your case,
• finding evidence that you technically did not commit a probation violation,
• if a violation, helping you gather mitigating circumstances, and
• persuading a judge to not revoke your probation.

If you violated probation by committing a new offense, a defense attorney can represent you on the new set of charges.

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