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Probation Violation


As an alternative to serving a full prison sentence, a person may receive probation. A person on probation, however, has to follow certain rules in order to remain out of prison. If they do not follow these rules, they are at risk of having their probation revoked and serving the rest of their sentence incarcerated. Accordingly, these probation violations should be defended with the same intensity as the original charge. 


A violation is simply the failure to follow any rules set out under the terms of your probation. There are two types of violations, technical and substantive. Substantive violations typically involve picking up new convictions and are thus treated as more serious violations. Technical violations occur when a probationer essentially does not do what they were supposed to under the terms of their probation.

Examples of Technical Violations
  • Failure to pay restitution
  • Failure to report to the probation officer
  • Failing a drug test
  • Changing residence without prior notification
  • Failure to perform community service
Examples of Substantive Violations
  • A new felony conviction
  • Intentional misdemeanor directed at a person, such as simple battery
  • Violation of a protective order
  • Being in possession of a firearm
  • Willfully making your whereabouts unknown to your probation officer, known as absconding


When a person is suspected of having violated probation, they are entitled to a Violation of Probation hearing. If you are found guilty, you may face the following penalties:

  • A warning
  • Short prison stay
  • Addition requirements
  • Longer probation term
  • More strict supervision
  • Revocation of probation and imposition of original sentence


If you are facing revocation of probation, you are entitled to a hearing. The hearing proceeds similarly to a trial, with both sides presenting evidence concerning the alleged violation. The court may end up determining that a violation did not occur, in which case you continue probation under its original terms and conditions. If the court holds that there was a violation, the judge will then hear mitigating and aggravating circumstances surrounding the violation to determine an appropriate punishment.
If you are accused of violating probation, it is important to contact a skilled criminal attorney who will advocate on your behalf. I can help fight against alleged violations, as well as work to lessen any associated penalties.


There is no time to waste if you are facing criminal charges. Contact criminal lawyer Alex Laird today to schedule a free consultation where we will discuss your case in full detail and begin preparing your defense.