When you are put on probation, you will usually find out the stipulations of your probation. The judge will have rules that you will need to follow to avoid getting into additional trouble with the law. These rules might include visiting with your probation officer regularly and staying off drugs. Random drug screenings are often performed during visits with the probation officer.
Understanding common probation violations, such as missing appointments or failing drug tests, is crucial, as these can lead to additional criminal charges. If you are found to be in violation of probation, you could have to deal with several consequences.
Understanding Probation Violations
Probation violations occur when an individual fails to comply with the terms and conditions set by the court during their probation period. These violations can lead to serious legal consequences, including additional criminal charges, fines, and even imprisonment. It’s crucial to understand that probation is a privilege, not a right, and failing to adhere to its conditions can result in severe repercussions.
Definition of a Probation Violation
A probation violation happens when an individual does not follow the specific rules and conditions laid out by the court. This can include failing to report to your probation officer, not paying fines or restitution, committing a new crime, or breaking a curfew. Probation violations can be categorized as technical, substantive, major, or minor, and the consequences will vary based on the nature of the violation and the individual’s prior record.
Types of Probation Violations (Technical, Substantive, Major, Minor)
- Technical Violations: These occur when an individual fails to comply with a technical aspect of their probation, such as missing a meeting with their probation officer or not paying court costs on time. While these may seem minor, they can still lead to significant consequences if not addressed promptly.
- Substantive Violations: These are more serious and occur when an individual commits a new crime or engages in behavior that directly contradicts the terms of their probation. Substantive violations can lead to additional criminal charges and more severe penalties.
- Major Violations: These are serious breaches that can result in significant consequences, including the revocation of probation and imprisonment. Major violations often involve new criminal activity or repeated non-compliance with probation terms.
- Minor Violations: These are less severe and might result in a warning or a minor penalty. However, repeated minor violations can escalate to more serious consequences over time.
The Role of a Probation Officer
A probation officer plays a pivotal role in the probation process. They are responsible for monitoring an individual’s compliance with the terms and conditions of their probation and reporting any violations to the court. Probation officers also provide guidance and support, helping individuals stay on track and avoid further violations.
If a probation officer believes that an individual has violated their probation, they will submit an affidavit of violation to the court. This can lead to a revocation hearing, where the sentencing judge will determine whether the individual has indeed violated their probation and what the consequences should be. During this hearing, the individual has the right to be represented by a criminal defense attorney, present evidence, and call witnesses to support their case.
Understanding the role of a probation officer and the potential consequences of violating probation is crucial. If you are facing a probation violation, seeking the advice of a criminal defense attorney is essential. They can help you navigate the process, protect your rights, and work towards the best possible outcome.
Warnings for First-Time Offenses
If you have never violated probation before and this is your first time doing so, your probation officer might give you a stern warning. A probation officer would tell you the potential consequences you could face if you continue to violate probation.
Community Service
It is possible for your probation officer to expect you to fulfill court-mandated requirements, such as community service, by lending a helping hand, whether it involves working at a local homeless shelter or picking up trash from the road. The services you provide are beneficial to the community, and they will help you with getting on the right track.
Spending Time in Rehab
If you are in violation of your probation because you have used drugs or consumed alcohol when you were not supposed to, the probation officer can put in a recommendation for a rehab center. Staying at a rehab center could help you kick the habit, learn life skills, and overcome the addiction you currently have.
Receiving Professional Counseling
On some occasions, an individual may receive an order from their probation officer to start receiving professional counseling. These services can benefit those who struggle with mental health conditions, such as bipolar disorder and depression.
Paying Fees
Some probation violators are expected to pay restitution and fees to the court. The fees would often get paid out to the victim of the crime that was committed in the first place.
Time in Jail
For severe violations or repeat violations, a jail sentence is often a must. Those on probation would get sent back to jail for a set period.
Lengthier Probation Sentences
If a person continues to display bad behavior while they are on probation, the probation officer could decide to increase the length of the probation. It could go from one year to two years or more.
Additional Charges
When breaking the law while on probation, it is possible to have additional charges added on to your original case. These additional charges could result in you spending some extra time in jail and having your probation revoked.
Attending a Hearing for a Probation Violation
Depending on the specific situation, someone who is on probation might need to attend a hearing for the violation. A law enforcement officer can report alleged violations to the probation department, which may lead to such a hearing. If you need to attend a violation of probation hearing, you will find out what types of violations your probation officer claims you have committed. When attending a hearing like this, you should hire an attorney to stand with you and represent you. Some probation officers try to get the judge to give individuals even more time behind bars because of their violations. Because you do not know what to expect, it is far better to have an attorney there with you.
Contact an Experienced Lansdale Criminal Defense Lawyer About Your Charges in Pennsylvania
Were you arrested or charged with a crime in PA? The consequences of a conviction could be severe, leaving you with a permanent criminal record and possibly even sending you to jail. That is why you need to speak with a qualified criminal defense attorney as soon as possible about your case.
The attorneys at Rubin, Glickman, Steinberg, and Gifford have successfully represented clients charged with crimes in Colmar, Lansdale, Newtown and throughout Southeastern PA. Call 215-822-7575 or fill out the online contact form to schedule a consultation with a member of our legal team. We have an office conveniently located at 2605 N. Broad St. Colmar, PA 18915 as well as an office located in Newtown, PA.
Rubin, Glickman, Steinberg & Gifford P.C.
Pennsylvania Attorney's
November 6, 2024
