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3 FAQs about violating probation

On Behalf of | Mar 7, 2023 | Criminal Defense

As a low-risk offender, you may get probation instead of having to serve time in prison.

Although you get to serve your sentence in the community under supervision, the courts take probation seriously.

1. How do courts define probation?

As a person on probation, remembering that your situation remains a court sentencing may help you avoid violating your release conditions. Once the judge makes a ruling, you have certain conditions that you must follow to avoid serving your time incarcerated.

2. What common violations do the courts see?

While every case has its nuances, most probation sentences come with similar conditions. Missing scheduled visits with your probation office continues to top the list of ways you can violate your probation terms. Other common reasons include:

  • Failing a drug test
  • Missing any court-order alcohol or drug classes or treatments
  • Remaining unemployed
  • Traveling outside your designated area
  • Breaking curfew
  • Possessing a weapon

3. What happens if I violate probation?

While no situation has the same outcome, repeated or severe violations will result in your probation officer filing a complaint with the court. Afterward, a hearing gets scheduled to determine if an infraction occurred and its severity. During the proceedings, the prosecutor need only show proof of your infraction as opposed to a regular trial that requires proof beyond a reasonable doubt. The outcome varies for each case, but it may result in stricter probation terms or revocation of your probation, which means serving your sentence in jail.

If you feel that you face an unjust probation claim, you have legal options.