Probation is an alternative to incarceration that allows offenders to remain in the community under specific conditions. Violating these conditions can lead to serious consequences. Understanding what constitutes a probation violation and the potential outcomes is crucial for anyone on probation.
Here’s an overview of probation violations and what you can expect if accused of one. Contact Law Office of Michael L. Fell at (949) 585-9055 to request a free legal consultation.
Defining a Probation Violation
A probation violation occurs when an offender, who has been granted probation instead of a jail or prison sentence, fails to comply with the terms set by the court. Probation terms can include:
- Obeying all laws
- Attending counseling sessions
- Paying restitution
- Completing community service
Violations can occur under misdemeanor probation (summary or informal probation) or felony probation (formal probation).
Types of Probation
- Misdemeanor Probation: Typically involves less supervision and may only require periodic check-ins with the court.
- Felony Probation: Usually involves regular meetings with a probation officer and stricter compliance requirements.
Both types can lead to violations if the set terms are not met.
Common Grounds for Probation Violations
Probation violations can arise from various actions or failures to act. Common grounds include:
Misdemeanor Probation Violations
- Failing to pay fines or restitution
- Missing therapy sessions
- Not completing community service
- Failing to maintain employment
- Violating restraining orders
Felony Probation Violations
- Missing appointments with a probation officer
- Failing to pay restitution
- Skipping therapy sessions or treatment programs
- Failing drug tests
- Not performing community service
- Refusing searches by peace officers
Any of these actions can trigger a violation, leading to further legal consequences.
Consequences of a Probation Violation
If you are suspected of violating your probation, you can be arrested. The arrest may be carried out by:
- A probation officer
- A parole officer
- A police officer
Probation Violation Hearing
Once arrested, you will typically face a probation violation hearing. Here, a prosecutor must prove by a preponderance of the evidence that you violated the terms of your probation. If the prosecutor succeeds, the judge has several options:
- Reinstate Probation: Continue probation under the same terms and conditions.
- Modify Probation: Impose stricter terms and conditions.
- Revoke Probation: Terminate probation and impose the original jail or prison sentence.
In some cases, a probation violation might involve committing a new crime, leading to both a probation violation hearing and new criminal charges.
Challenging a Probation Violation
Defending against a probation violation accusation involves presenting evidence in your favor. Two main strategies include:
Proving Compliance
Present evidence that you did not violate your probation terms. This might include:
- Witness testimony
- Documentation of compliance (e.g., proof of completed community service)
Mitigating Punishment
If a violation did occur, present mitigating evidence to lessen the severity of the punishment. This can include:
- Evidence of efforts to comply with probation terms
- Circumstances that explain the violation (e.g., medical emergencies)
Working with an experienced criminal defense attorney is essential for navigating a probation violation hearing. An attorney can help gather and present the best evidence and legal strategies to avoid or minimize jail time.
Seek Legal Assistance
If you are facing a probation violation, it is critical to seek legal assistance. Law Office of Michael L. Fell offers free consultations, providing an opportunity to receive legal advice without financial commitment. Communication with a lawyer is protected by attorney-client privilege, ensuring confidentiality.
Contact Law Office of Michael L. Fell at (949) 585-9055 for expert guidance and representation. Protect your rights and secure the best possible outcome in your probation violation case.