If you violate probation, several consequences can follow, often depending on the severity and nature of the violation:
What Constitutes a Probation Violation
Probation violations can be technical or substantive:
- Technical violations include missing meetings with a probation officer, failing to pay fines or restitution, not completing court-ordered programs, leaving the jurisdiction without permission, or failing drug/alcohol tests.
- Substantive violations involve committing new crimes while on probation
Immediate Legal Process
- The probation officer typically notifies the court of the violation.
- The court may issue a warrant for your arrest if you fail to appear for a probation violation hearing.
- A probation violation hearing is held where a judge determines if a violation occurred and decides on penalties. You have the right to an attorney and to present evidence
Possible Consequences
- Warning: For minor or first-time violations, you may receive a warning or additional instructions without further penalties.
- Modification of Probation: The judge may impose stricter conditions such as increased supervision, more frequent drug testing, or additional counseling.
- Extension of Probation: Your probation period may be lengthened.
- Revocation of Probation: The most severe consequence, where probation is revoked, and you may be required to serve the original jail or prison sentence that probation had replaced.
- Incarceration: If probation is revoked, you could be sent to jail or prison. In cases involving new crimes, additional charges and sentences may apply.
- Fines and Increased Supervision: Additional financial penalties or stricter monitoring may be imposed
Additional Impacts
- Violations can affect your criminal record, potentially impacting employment, housing, and rights such as driving privileges.
- Arrest and detention pending the hearing can disrupt personal and professional life
Summary
Violating probation can lead to a probation violation hearing, where penalties range from warnings and modified probation terms to revocation and incarceration. The court treats probation as a privilege, and violations jeopardize that status, often leading to harsher consequences than the original sentence