subject: How to Violate Probation [print this page] Author: Kevin Jones Author: Kevin Jones
There are a number of options, including completely revoking probation or parole and making you serve the remainder of your prison sentence or imposing the maximum sentence for violating probation; modifying the conditions of probation or parole supervision; or just warning you and putting you back on parole or probation under the same conditions. Thereare other possible sanctions, such as increasing the level of supervision, placement in an intensive day program, or placement in an electronically monitored home confinement program. If probation is part or the entire sentence you have been given after a criminal conviction, you should be aware of the various ways that you could violate your probation because of the negative consequences. Some of the more common probation violations include: Failure to Appear: A scheduled court appearance is often a condition of probation. The purpose is to provide the court with a progress report on how a defendant is doing in the community. If the defendant doesn't appear for this court appearance, a judge may consider it a probation violation. Failure to Report: A defendant's probation may require him or her to report to a probation officer at scheduled times. Failure to report as scheduled may result in a probation violation. Violation of Rules: Probation often includes one or more rules from the judge that prohibit the defendant from visiting certain places or people. If the defendant breaks these rules, it's a probation violation. Failure to Comply : Mandatory rehabilitation or community service may be part of a defendant's probation. Failure to Pay : If the defendant doesn't pay a fine or pay restitution to a victim as ordered, the judge may consider this lack of action a probation violation. Possession of Illegal Substances : Possession of illegal weapons or drugs is a common probation violation. Committing a Crime : Not committing any further crimes is mandatory during probation. Conviction for a new crime will be a probation violation. Being Arrested : Regardless of whether someone on probation is charged with a crime, if he or she is arrested during probation, it will probably be considered a probation violation. Some of the most common ways to violate probation are the following: --changing your residence without authorization or notification to your probation agent --failing to pay fines or restitution --failing a drug or alcohol test (sometimes called a dirty drop) --being arrested for a new crime --missing an appointment with your probation officer --failing to complete a court-ordered program --failure to appear at a scheduled court appointment --associating with a known criminal --leaving the state without the permission of your probation agent --failing to maintain employment or school The judge reinstated my client to probation, same terms and conditions. However, it is the duty of the defense attorney to gather all mitigating facts which could assist the client. Simply submitting to the court on its discretion is fatal. Since the prosecutors standard of proof is only by preponderance of the evidence and not beyond a reasonable doubt, it is crucial that a hearing be prevented and negotiations by your criminal defense attorney with the prosecution and the judge succeeds.About the Author:
