If you are charged with a crime, in lieu of jail or a prison sentence you may be placed on probation or community control as a part of Sentencing. Probation or Community Controls normally require supervision with the requirement that you adherence to certain conditions or terms.
Violations of probation fall within one of two categories: 1. technical or 2. substantive or new law violation.
- Technical violations involve a failure to complete a condition of probation, such as court ordered community service, counseling or classes. Receiving a positive drug test, or even failing to pay certain costs or fines or to report to probation, can constitute a technical violation of probation.
- A Substantive violation means that while on probation, the person was arrested or charged with a new crime.
Many persons arrested for a violation of probation are not given a bond and remain incarcerated pending a hearing on the violation.
At a Violation of Probation Hearing, there is no jury. The judge listens to and weighs the evidence. The standard of proof is also much lower than for a regular criminal trial. Individuals who violate probation face an adjudication of guilt if not previously imposed. Even more severe, a probation offender faces the maximum charge that could have been originally imposed for the underlying charge.
An attorney can contact your probation officer, request additional time or explore other options to bring you in compliance with your probation. If charged, we can explore defenses or mitigation. If there is a “no bond” order, we can arrange for a bond hearing.
Contact us today if you are facing criminal proceedings for violating your probation or community control.