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In some situations, a person may enter a guilty plea in exchange for probation to avoid going to jail or prison. However, severe penalties may apply if the conditions of probation are violated.
Over the years as a criminal defense lawyer, I had experienced several cases when probation violations occurred, resulting in the offender's incarceration.
But before that happens, there are a series of other measures that the probation officer takes to ensure that the offender complies with court orders.
Summary of the Key Findings
- There are different penalties for probation violation, depending on whether it’s been broken more than just once.
- A probation violation may be caused by something as simple as forgetting to pay a fine or skipping an appointment.
- The severity of your offense is one of the factors that will determine the type of penalties you will receive.
What Is Probation?
Probation is a criminal sentence imposed by a court that, subject to specified conditions and restrictions, releases a criminal defendant from their conviction into the community rather than locking them up in jail or prison [1].
8 Common Probation Violations
You commit a probation violation when you stop adhering to the probation's rules, requirements, and restrictions.
The following behaviors could result in a probation violation:
1. Missing a probation officer appointment.
If you are on supervised probation, you will need to meet with your probation officer on a regular basis. If you fail to show up for an appointment, this is considered a breach of probation and could send you back onto the offenders' register for a second time.
- Typical Consequences: Possible outcomes include extended probation, additional requirements, or even jail time.
- How to Avoid Violations: Schedule appointments during non-working hours and set reminders.
- What to Do if Violated: Contact your attorney immediately and explain the circumstances.
- Defense Strategies: Demonstrate a valid reason for the absence (e.g., work obligations) and show willingness to comply moving forward.
2. Missing a hearing in court.
After a predetermined amount of time, the judge may decide to review your progress by ordering you to appear at a probation violation hearing. It would be negligent of you to skip the court hearing appearance.
- Typical Consequences: Contempt of court charges, potential arrest warrants, or revocation of probation.
- How to Avoid Violations: Keep track of all court dates and confirm attendance with your attorney.
- What to Do if Violated: Immediately seek legal counsel and address the missed hearing with the court.
- Defense Strategies: Provide evidence of extenuating circumstances (e.g., medical emergencies) that prevented attendance.
3. Not making restitution or fine payments.
The judge may order you to pay fines or make restitution to the victim depending on the crime for which you are found guilty.
- Typical Consequences: Additional fines, extension of probation, or jail time.
- How to Avoid Violations: Set up a budget that prioritizes restitution payments; communicate financial difficulties with the court.
- What to Do if Violated: Request a modification of payment terms from the court.
- Defense Strategies: Present evidence of financial hardship and propose a reasonable payment plan.
4. Not completing community service.
If a probation term states that you must complete or serve your probation to community service, you will have a set number of hours to serve. If you fail to complete them, your probation is violated.
- Typical Consequences: Extended community service hours or revocation of probation.
- How to Avoid Violations: Arrange transportation in advance and select community service opportunities that fit your schedule.
- What to Do if Violated: Inform your probation officer about the challenges faced in completing service hours.
- Defense Strategies: Document efforts made to fulfill community service requirements and present them during hearings.
5. Meeting with individuals who had connections to previous crimes.
Your probation requires you to avoid certain people or places associated with gangs or criminal activity.
- Typical Consequences: Increased supervision or revocation of probation.
- How to Avoid Violations: Maintain distance from known criminals and inform your probation officer about social circles.
- What to Do if Violated: Explain the context of the meeting and demonstrate efforts made to avoid such associations.
- Defense Strategies: Argue that the meeting was unintentional and show commitment to adhering to probation terms.
6. Being unemployed.
You might need to get a job or enroll in school as part of your probation.
- Typical Consequences: Increased scrutiny from probation officers or extension of probation terms.
- How to Avoid Violations: Actively seek employment or enroll in educational programs as required by probation terms.
- What to Do if Violated: Provide proof of job applications and interviews conducted during unemployment periods.
- Defense Strategies: Highlight any challenges faced in finding employment (e.g., lack of skills) and propose steps taken toward improvement.
7. Committing a different offense.
You cannot commit another offense while on probation, which is a basic requirement. A probation violation may even include minor violations such as a traffic infraction.
- Typical Consequences: Revocation of probation and imposition of original sentence; potential new criminal charges.
- How to Avoid Violations: Stay away from situations that may lead to criminal behavior; seek counseling if needed.
- What to Do if Violated: Consult with an attorney immediately upon arrest for guidance on next steps.
- Defense Strategies: Argue for leniency based on mitigating factors such as personal circumstances or rehabilitation efforts.
8. Leaving the country without informing your probation officer.
Once you are placed on probation, you need to inform your probation officer of your change of address and destination to ensure that you can reach your probation officers, or else you will be violating probation.
- Typical Consequences: Immediate violation hearing and potential revocation of probation.
- How to Avoid Violations: Always inform your probation officer about travel plans well in advance; obtain necessary permissions if required by conditions.
- What to Do if Violated: Return promptly and report the situation; explain any misunderstandings regarding travel notifications.
- Defense Strategies: Provide evidence that you intended no harm by traveling (e.g., family emergencies) and show commitment to following rules moving forward.
Understanding these common violations can help individuals on probation maintain compliance and avoid severe consequences. If faced with a violation, it is crucial to act swiftly and seek legal advice.
"If you've been charged with a crime, there's a good chance that you'll be granted probation.
- Douglas Herring, Criminal Defense Attorney
What Happens if You Violate Probation?
If you violate probation, you may receive a warning or even be sentenced to prison. The decision is made based on several elements, including the gravity of your violation, whether you have previously broken probation, and the specifics of the violation.
First Time Violation
Generally speaking, what happens after the first probation violation will depend on your jurisdiction, your probation officer, and whether you have previously overstepped the bounds of your probation.
However, when there has been a violation, most probation officers will follow some general guidelines.
- A warning will be given to you. There's a good chance you'll receive a warning if your probation violation was considered minor or just a mistake.
- You'll be asked to go to court. If your probation officer asks you to appear in court for hearings such as probation revocation hearings, you must show up, or else you may face a stricter penalty or jail time.
- The court will hear your argument. You will be granted an opportunity to plead your case in court. Your criminal defense lawyers can take this time to explain why you chose to violate your probation for the first time for you to be found guilty with reasonable doubt. The prosecuting attorney must present evidence that the violation occurred at the revocation hearing.
- You'll receive a sentence from a judge. The judge will consider several factors. You may be sentenced to an extension if you violate probation for the first time. A judge might order you to perform more community service hours when the offense is considered minor.
Also Read: Leaving County on Probation?
Consequences Of Violating Probation More Than Once
The judge's decision may change based on your circumstances. However, in general, the judge may:
- Add new conditions to your probation.
- Increase your probation period.
- Revoke your probation and order you to transfer to prison to serve the remainder of your prison sentence.
Your Rights While on Probation: What You Need to Know
Being on probation imposes restrictions, but it doesn’t mean forfeiting all rights. Understanding your rights is essential for staying compliant and protecting yourself from potential violations.
Rights Retained by Probationers
- Access to Legal Advice: You have the right to consult an attorney about your probation terms or any alleged violations.
- Due Process Protections: If accused of violating probation, you are entitled to a hearing where you can present evidence in your defense.
- Privacy Limitations: While probation officers may conduct searches, your right to protection from unreasonable searches and seizures still applies.
- Fair and Equal Treatment: Probationers cannot be discriminated against based on race, gender, or other protected statuses.
Steps to Take if Your Rights Are Violated
Clearing Up Probation Misconceptions
Misunderstanding the conditions of probation can lead to unintentional violations. Let’s debunk some common myths.
Common Misunderstandings About Probation
- Misinterpreting the Terms: Probation terms can be complex, and unclear conditions often lead to accidental violations. Always review your documents thoroughly and clarify uncertainties with your probation officer or attorney.
- Downplaying Minor Violations: Even small infractions, such as missing a meeting, can escalate into serious consequences if they accumulate.
- Thinking Probation is Easy: Probation is not a free pass; it requires strict adherence to rules, including regular check-ins and program participation.
To avoid falling into these misunderstandings, open communication with your probation officer and seek legal advice if you’re unclear about any obligations.
Building a Positive Relationship with Your Probation Officer
Your probation officer (PO) plays a key role in your success. A good working relationship can make the process smoother.
Tips for Working With Your PO
- Stay Transparent: Notify your PO of life changes, such as moving or switching jobs, to avoid potential issues.
- Be Reliable: Attend all meetings, complete assigned tasks promptly, and demonstrate initiative.
- Keep Records: Document interactions with your PO, including dates and topics discussed, to protect yourself in case of misunderstandings.
Handling Issues with Your PO
If disputes or misunderstandings arise, address them calmly and directly. If necessary, involve an attorney to mediate and protect your interests.
Navigating Interstate Probation Transfers
Moving to another state while on probation involves specific legal steps. Understanding these rules can help you avoid violations.
Key Rules for Probation Transfers
- Permission is Required: You must get approval from your current state’s court before relocating. The receiving state also needs to agree to the transfer.
- ICAOS Guidelines: Most states adhere to the Interstate Compact for Adult Offender Supervision (ICAOS), which outlines how probation transfers are managed.
Risks of Ignoring Interstate Rules
Failure to follow these procedures can result in violation charges in both states. Always consult a legal professional before moving across state lines.
Strategies for Early Probation Termination
It’s possible to end your probation early under certain circumstances. Here’s how you can make a strong case.
How to Seek Early Termination
- Prove Compliance: Meeting all probation requirements and maintaining good behavior strengthens your request.
- Submit a Formal Motion: After completing a significant portion of your probation, you can file a motion with the court. Include evidence of compliance, such as program completion certificates and character references.
Key Evidence to Support Your Request
- Documentation of completed programs.
- Proof of steady employment.
- Testimonials from community members or employers attesting to your character.
By understanding your rights, avoiding common pitfalls, working collaboratively with your probation officer, and following legal protocols for interstate moves or early termination, you can navigate probation successfully and minimize risks of violations.
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FAQs
How long is probation held in California?
Probation in California is held for 3-5 years because the person on probation did not report a change of address or did not provide timely proof of completing court-ordered treatment.
What are the penalties for violating probation?
Penalties for violating probation include imprisonment, a fine, and a jail sentence (mandatory). The court may also impose community service.
What happens right after I violate my probation?
What happens right after you violate your probation will depend on your probation officer's discretion once they are informed of your violation. You might receive a warning from them or be required to appear at a probation violation hearing.
What happens at a probation violation hearing?
At a probation violation hearing, you will be shown evidence against you that demonstrates you broke the terms of your probation. You have the chance to challenge the evidence or offer additional proof. Having a defense attorney by your side will help you obtain the best result possible if you attend a hearing.
Did You Violate Your Probation?
Sometimes, you might find yourself wondering whether you violated your probation. If you believe you did so, discussing your situation with a law firm is important.
Through a free consultation, you can discuss your case with a criminal defense attorney from our legal team at Schmidt & Clark, LLP specializing in this type of law.
We have represented many defendants facing these types of criminal charges and thoroughly understand how it works.
References:
- https://www.law.cornell.edu/wex/probation