Penalties for Probation Violations in My State

Probation is considered by some people to be a “get out of jail free” card. In reality, it is a serious sanction and has strict conditions to avoid prison time.

Failure to comply with the court-ordered conditions of your probation may serve as grounds for probation revocation. Revoked probation can mean sending the defendant to serve jail time for the remainder of their sentence.

Probation revocation laws vary by state and county. When negotiating probation as a part of your plea bargain, make sure you understand the terms of your probation period. Talk to an experienced criminal defense lawyer about your legal issues.

What Constitutes Violation of Probation?

At sentencing, a judge will inform the defendant of any conditions of probation or parole. Every case is different. Probation is generally longer and more strict for felony probation than for misdemeanor offenses.

In general, courts may require any or all of the following:

• The defendant must obtain employment or pursue a course of vocational training
• The defendant may not possess any firearms or other dangerous weapons
• The defendant must not face new criminal charges
• The defendant must meet all scheduled appointments with their probation officer
• The defendant must remain within a geographic area unless granted permission by their probation officer or the court
• If the defendant has a substance abuse problem, they must undergo counseling and treatment, as well as submit to regular drug testing
• The defendant must perform community service
• The defendant must pay any court costs or fines arising from the original sentence
• The defendant must refrain from committing any additional criminal offenses

Some probation terms have special conditions, depending on the underlying criminal offense. For example, someone charged with domestic violence may have to attend anger management counseling. A drunk driving (DUI) charge may require a breath testing device installed in the vehicle.

Probation officers have wide discretion when deciding how to handle a defendant’s violation of any terms or conditions of release. For minor infractions, such as being late for an appointment, the probation officer may simply issue a warning. For more serious violations, however, the defendant will likely have to appear before a judge to explain their actions.

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Proving a Probation Violation in a Court Hearing

When a probation officer notifies the court of an alleged probation violation, a judge can issue an arrest warrant for the defendant.

The defendant must appear at a preliminary probation violation hearing, where prosecutors will present evidence of the alleged violation. Just as in a normal trial, the defendant has the right to legal advice and assistance from a qualified criminal defense lawyer. The defendant can also present evidence in their own defense.

Burden of Proof in Probation Revocation Hearings

There is one critical difference between a probation revocation hearing and a criminal trial. In the latter, the prosecution must prove a defendant’s guilt “beyond a reasonable doubt.” But when it comes to an alleged probation violation, the prosecution needs only prove its case by a “preponderance of the evidence,” which is a lower standard of proof commonly used in civil trials.

Even with this reduced standard, there must still be some credible evidence of a probation violation. And not all probation violations warrant a jail sentence. A court may only revoke probation for non-payment if it first conducts an “ability to pay” hearing and finds that the defendant willfully refused to pay or failed.

A judge may also take a defendant’s explanation for any probation violations into account when deciding whether jail is the most appropriate sanction. As an alternative, the judge may decide to simply modify and extend the defendant’s probation.

Technical Violations for Probation

Technical violations generally include failing to follow the strict terms of probation, as opposed to a new criminal offense.

Missing a meeting with the probation officer or disobeying curfew are examples of technical violations. However, the definition of a technical violation varies by state. Some states prohibit jail time for technical violations for juvenile offenders.

Caps on Technical Probation Violations by State

Many states put a cap on incarceration for technical probation violations. The maximum incarceration period can depend on the type of violation, the number of violations, and the underlying criminal offense.

The following is a table of incarceration caps for probation violations by state.

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