Violating probation conditions can lead to revocation, jail time, or extended supervision—here's what you need to know.
Probation offers an alternative to incarceration, but it comes with a strict set of rules that can land you back in court if broken. When a judge sentences someone to probation, they're essentially saying: Stay in the community, follow these conditions, and you can avoid jail. Fail to comply, though, and the consequences can be swift and serious. Many people don't realize that slip-ups can trigger a formal review, or that the legal standard used in revocation hearings is lower than in a criminal trial—meaning it's easier for prosecutors to make a case against you. Understanding your obligations, how the revocation process actually works, and why having an attorney is important could be the difference between keeping your freedom and losing it.
How Probation Works
Probation sentences are a type of punishment. When a court orders probation, it allows those convicted of a crime to remain in the community but under supervision. A person sentenced to probation must serve the entire probation period and comply with any limitations or conditions imposed.
What Are Common Conditions of Probation?
A person on probation doesn't have the same freedoms the average person does and must live under specific rules—called conditions. These conditions are designed to both punish the offender and protect the community. Courts have broad discretion when imposing probation conditions, and can impose any condition as long as it is reasonably related to the crime the probationer committed. Though these conditions can differ significantly, they typically include many of the following.
Standard Conditions of Probation
All probationers must remain law abiding and keep in contact with the court or a probation officer.
- No criminal involvement. Probationers must not commit any crimes while on probation, nor can they associate with known criminals. Also, probationers must notify their probation officer whenever they have any encounter with law enforcement officers, even if they are not arrested. They may also have to inform officers of their probation status any time they are questioned by the police.
- Random searches. People on probation must also submit to random searches by their probation officer. An officer can, for example, show up at a probationer's home and search for weapons or drugs at any time and the probationer must allow the officer in. In other words, a probationer does not have the same Fourth Amendment protections against unreasonable searches and seizures that non-probationers enjoy.
- Probation reporting. Probationers must typically report to a probation officer. These officers are responsible for monitoring probationers, keeping track of their location, regularly meeting with them, and generally making sure the probationer is keeping up with the probation terms.
A judge may also direct the probationer not to have any contact with victims.
Other Types of Probation Conditions
Beyond standard conditions, judges can tailor other conditions based on the crime, offender, and sentence.
- Restitution. When a person commits a crime that results in monetary or other harm to a victim, the court will usually order the offender to pay restitution (compensation to the victim). The amount of restitution differs depending on the amount of damage the victim suffered, but no matter the amount, the judge will typically order the probationer to make restitution payments as a condition of probation.
- Community service. Probation conditions might include community service requirements. The court can require a probationer to perform a specific number of hours of volunteer work with an organization that benefits the community.
- Drug testing. Many probationers, especially those who committed crimes where drugs and alcohol were involved, will have to take random drug tests. Probation officers can order drug tests when they believe necessary.
- Employment. Probationers must typically maintain employment for the entire term of their probation. If they don't have a job at the time of being placed on probation, they must either find one or try to find one.
- No firearms. Those on probation for felonies cannot own a firearm or ammunition of any kind. Misdemeanor crimes can also result in probation orders that include firearms restrictions, especially when the crime involved domestic violence, weapons, drugs, or the use of force.
When Can Probation Be Revoked?
Probationers who violate any of the conditions imposed by the court can have their probation sentences revoked. This typically happens when, for example, a probation officer finds that a probationer has violated a condition (such as failing a drug test or not maintaining employment) and reports this to the court. This report can lead to a formal hearing being requested and a warrant being issued for the probationer's arrest.
Violations are often referred to as technical violations or substantive violations. A substantive violation means the probationer allegedly committed a crime while on probation. Substantive violations are likely to result in a probation revocation hearing. Technical violations refer to most everything else—such as missing a check in, failing an alcohol test, being late on restitution payments, or not showing up to community service. Probation officers might deal with some minor violations on their own (if allowed by law). For instance, the probation officer might require more frequent check ins with the probationer. But as minor violations start racking up, the officer will likely report the violations to the court and prosecutor to request a probation revocation hearing.
How Does a Probation Revocation Hearing Work?
Probationers have a right to a hearing in which the court will hear the evidence about any alleged violation. The probationer has the right to call witnesses and present evidence at the revocation hearing and has the right to be represented by an attorney. (Although, not every probationer will have the right to a free, court-appointed attorney.)
Prosecutors in a revocation hearing don't have to prove that the probationer violated a condition beyond a reasonable doubt. They must merely show that it is more likely than not that the probationer committed a violation. This is a lower standard of proof than in criminal trials. Further, probation revocation hearings are only heard by a judge, and no juries are involved. If the court finds that the probationer has violated any of the probation conditions, it will then determine whether to revoke probation or impose other penalties.
Do All Violations Result in Revocation?
The court has wide discretion in choosing what punishment to give and will take into consideration the nature of the violation, the probationer's previous actions, and the recommendations from the probation officer and prosecutors. Minor violations won't typically result in a revocation (or a hearing for that matter). Also, the violation must be intentional. For example, if you are laid off from your job or miss a community service date because your car broke down, this won't typically result in probation revocation. But if you've made it a habit to falter on your obligations, the court could still impose a penalty of some sort, such as imposing new conditions or making current conditions more onerous. The judge could even send the person to jail for a few days to drive the point home.
If the court finds that the probationer committed a new crime or has a long list of minor violations, revocation becomes more likely. Revocation generally means whatever sentence was suspended during probation can be imposed. So say the probationer has a five-year prison sentence hanging over their head, the judge can impose that sentence upon revoking probation.
Why You Need a Defense Attorney for Probation Violations
If you've been accused of violating your probation or have been sentenced to probation and are worried that you may have violated the terms, you should speak to a local criminal defense attorney immediately. Probation revocation proceedings are somewhat of a strange breed of court hearing because, while they involve criminal activity, they aren't criminal trials. You need advice from an experienced attorney who understands the processes involved in the revocation process and has firsthand experience with local probation officers, courts, and prosecutors. Probation revocations can seriously harm your chances of rebuilding your life, and you need to speak to an experienced attorney any time you have a probation violation concern.
