Malamut & Associates


What Happens After a Probation Violation?

November 16, 2017 |

probation violationWhen someone is released on probation, they can rejoin society and the community but with a specific set of requirements for their release. This can include drug testing, regular meetings with a probation officer, and even electronic location monitoring. The requirements are set by a judge and are only limited by what the judge deems appropriate for the crime committed. Before understanding what can happen when probation is violated, it’s important to understand how probation can be violated to begin with.

Examples of Probation Violations

By definition, a violation occurs when the person on probation breaks the terms of their probation by ignoring, refusing to adhere to, avoiding or otherwise failing to meet the probation terms. Examples include:

  • Missing a scheduled court date
  • Getting arrested for a different offense even if it is not criminal
  • Committing another crime or offense, even if not arrested
  • Refusing or failing to pay fines or restitution
  • Visiting with certain people, or traveling to places or out of state without permission from the probation officer when applicable
  • Illegal drug possession, use or dealing
  • Missing or refusing to attend probation meetings with officer

Potential Consequences of Violation

When someone violates their probation, there are a few potential consequences to their violation.

  • Warning. If this was the first violation and was unintentional and less severe, the probation officer is most likely to issue a warning. This warning tells the person on probation that future violations won’t be tolerated but gives them the opportunity to correct themselves moving forward, particularly when it was not a refusal to obey the terms of probation.
  • Hearing. When a warning has already been issued or there have been violations in the past, an officer may call for a probation hearing with a judge. The judge will rule whether there will be additional requirements for the probation or if the probation will be revoked. Additional terms could be a longer probation or adding more requirements to the original probation for the same amount of time.
  • Fines. There could be additional fines added to a probation in addition to any fines previously paid, even if previous fines have been satisfied. This is often in addition to further requirements to the probation.
  • Jail time. Depending on the original crime, jail or prison time could be sentenced due to a violation of probation. This could lead to a longer sentence than would have been served originally. However, it is important to know that revocation can be appealed the same as a criminal conviction.

If you are facing consequences due to a violation of probation terms, you need a lawyer. Contact our team today with your case to find out how we can help minimize the consequences of your violation.