If you are on probation for a misdemeanor or felony conviction, there are many rules and regulations you need to follow to avoid further penalties or even arrest.
Probation can be difficult. You may have fines, classes, community service hours, random drug tests, etc. Be diligent in fulfilling all requirements made for your probation. Even if you accidentally break one of the rules, probation officers have the right to revoke your privileges or request a warrant for your arrest.
In this article, we will cover the types of violations you should be aware of and the consequences of committing an infraction.
Types of Violations
You only need to worry about three types of violations.
- Technical: When you fail to meet a general condition of your probation, this is considered a technical violation. Technical violations never include criminal acts. You merely failed to meet the requirements set for your probation. For example: failing to pay a fine, leaving the jurisdiction, neglecting to report to your probation officer, etc.
- Special Condition: Beyond general conditions, the terms of your probation may require further action. Special conditions include attending courses, community hours, avoiding certain people or places, abstaining from alcohol, etc. Failing to meet any of the special conditions required is a violation of your probation.
- Substantive: Committing a criminal act that leads to an arrest while on probation is known as a substantive violation.
Consequences of Violating Probation
If you violate your probation conditions, possible consequences include:
- Added Probation Time
- Loss of Probation
- Jail Time
- More fines
- Additional Special Conditions (counseling, community service, etc.)
However, the consequences of the three types of violations are not equal. Each type carries a different maximum punishment.
- Technical Violations: For this kind of violation, the maximum punishment is a revocation of your probation term for up to 2 years. This means you will serve 2 years in jail instead.
- Special Condition Violations: The maximum punishment requires a full revocation of your probation term. Instead of serving your time on probation, you will serve the rest of your term in jail.
- Substantive Violations: The maximum punishment for misdemeanors includes revoking your probation for 2 years; you will serve these 2 years in jail. While for felonies, you must serve the remainder of your probation period in jail.
What to Do When Accused of Violating Probation
If you are accused of violating probation, you will need to attend a court hearing. At this hearing, the judge will determine the validity of the accusations brought against you and choose an appropriate consequence for the violation.
It is important to have representation for this hearing. Any additional punishments the judge decides upon will only make probation more difficult for you. If you have been falsely accused of violating probation or accidentally failed to meet a requirement, an experienced attorney can help you refute inconclusive evidence and negotiate your sentencing.
The sooner you have representation, the better they can serve you. Talk to an experienced attorney today.