Articles Posted in Violation of Probation

I am currently on probation and have been struggling to meet all of the requirements. I am concerned my probation officer is going to violate me. What can I do, and what will happen to me if I receive a violation?

Most individuals on probation struggle to comply with all the requirements the court imposes on them, which results in violations being a common occurrence. Violating probation can result in a revocation of probation and the court imposing a sentence up to the maximum possible sentence for the original charge. Violations can occur for many reasons. Some of the more common situations resulting in a violation are being arrested on new criminal charges, failing to complete court-ordered programs, missing appointments with a probation officer, positive drug screens, or failing to pay imposed costs or restitution.

Once a probation officer has decided to violate someone, they will complete an Affidavit of Violation and submit it to the court. The court will then review the affidavit and issue a warrant for arrest if it is determined reasonable grounds for a violation exist. Often defendants are not eligible for bond on a violation once they are arrested. The defendant will be arraigned, and an evidentiary hearing will be set to determine if a violation occurred and probation will be revoked.