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January 1, 2024

What Happens If I Violate Probation?

Probation can be both an opportunity and a burden. While it allows you to avoid incarceration and reintegrate into society, it comes with strict conditions you must follow to the letter. If you do not fulfill each requirement as directed and as often as necessary, you can violate probation—and now you are in legal hot water again. No matter how minor the infraction, violating probation can have serious consequences.

So, what happens if you violate probation? The answer often depends on the circumstances surrounding the probation violation and the court’s decision about how to handle the violation. At the Law Offices of Jennifer R. Solomon, we specialize in helping clients navigate these challenging situations, working to minimize penalties and protect their future.

What Is a Probation Violation?

A probation violation occurs when someone fails to follow the conditions set by the court for their probation. These terms often include requirements such as attending mandated programs, avoiding certain people or places, regularly checking in with a probation officer, and refraining from any and all illegal behavior.

Every probation violation, whether technical or substantive, carries the risk of legal consequences. Courts consider each case carefully, and the outcomes often depend on the severity of the violation and the individual’s previous compliance history.

Technical Probation Violations

Technical violations refer to noncompliance with the administrative rules of probation. Examples include failing to meet with your probation officer, missing a scheduled drug test, or not completing required payments like fines or restitution. Although these infractions are generally less severe, the court still takes them seriously.

Substantive Probation Violations

Substantive violations occur when a person commits a new criminal offense while on probation. For example, suppose you get caught committing even relatively minor infractions such as driving under the influence, driving on a suspended license, or possessing drugs. These new criminal offenses will substantively violate the terms of your probation. Most judges consider committing a new crime while on probation for a past crime a fairly serious breach of trust that shows you are not learning from your experience with the law. Therefore, substantive probation violations could result in harsher consequences like revoking probation and incarceration.

What Happens If You Violate Probation?

Typically, the process begins when the probation officer files a formal complaint alleging that you violated the terms of your probation. This sets off a chain of legal events that can escalate quickly:

• Notice of violation—you will receive official notification of the alleged violation, and a court date will be set for a probation violation hearing;
• Arrest or summons—depending on the severity of the violation, you may be summoned to court or arrested immediately, particularly for substantive violations; and
• Probation violation hearing—during this hearing, the court reviews the evidence, hears the arguments, and determines if you violated your probation and to what extent. 

If you have a probation hearing, the standard of proof is lower than in a criminal trial, requiring only a preponderance of the evidence to establish the violation. This makes legal representation particularly important, as your lawyer can help fight the evidence effectively and argue that the State has not met its burden. If the judge finds a violation, your lawyer can emphasize your previous good-faith efforts to comply and any mitigating factors while arguing for sentencing alternatives other than incarceration. 

What Is a Typical Probation Violation Sentence?

A probation violation sentence depends on the nature of the violation and the court’s ruling. Here are some potential outcomes:

• Warnings or adjustments—minor violations may result in a warning or adjusted probation terms, such as stricter reporting requirements;
• Fines or restitution—you might be ordered to pay additional fines or restitution;
• Probation extension—the judge may extend your probation, giving you additional time to comply with its conditions;
• Community service—courts sometimes require offenders to complete additional community service hours; and
• Incarceration—for severe violations, the court may revoke probation entirely and impose a sentence requiring you to serve the original jail or prison term.

As you can see, there is much at stake when you are accused of violating the terms of your probation. The Law Offices of Jennifer R. Solomon can expertly and carefully guide you through this process and help you avoid unnecessary penalties. Through early intervention, we can work to ensure the best possible outcome and protect your future.

How Can a Skilled Defense Attorney Help with a Probation Violation?

At the Law Offices of Jennifer R. Solomon, we bring decades of experience to every case and work tirelessly to secure the best possible outcome for our clients. We can help by:

• Assessing your case—our skilled team carefully reviews the allegations and identifies weaknesses in the allegations;
• Gathering evidence—we work tirelessly to collect proof, such as witness statements or compliance documentation, to support your defense;
• Representing you in court—we advocate vigorously for reduced penalties or alternative solutions during your probation violation hearing; and
• Negotiating with authorities—we deliberate with probation officers and prosecutors to find resolutions that avoid incarceration.

Our firm ensures you have a voice throughout the process, helping you move forward with your life.

What Steps Should I Take If I’ve Violated Probation?

Taking proactive steps can help reduce the consequences if you believe you’ve been accused of violating probation. Acting quickly is key to protecting your rights. Here are some steps to take:

• Contact your probation officer. Address the issue with your probation officer openly. Honest communication may prevent further escalation.
• Document your compliance. Compile records like receipts or attendance logs that show how you’ve made a diligent effort to follow your probationary terms.
• Identify and resolve underlying issues. Pinpoint any challenges that contributed to the violation, such as lack of transportation or financial barriers. Discuss how you will remedy these issues going forward with your lawyer—providing them with mitigation arguments for the hearing.
• Consult an attorney. Seek legal advice as soon as possible to navigate the process effectively and prepare your defense.

Taking these steps demonstrates accountability and can positively influence the court’s decision. Showing a commitment to correcting your course can often work in your favor.

Contact the Law Offices of Jennifer R. Solomon Today

At the Law Offices of Jennifer R. Solomon, we go beyond cookie-cutter legal representation. Instead, we offer personalized attention, detailed case preparation, and a deep commitment to achieving the best outcomes for our clients. With nearly a decade as a trial attorney for major insurance companies, Jennifer Solomon understands how to navigate complex legal systems and tailor strategy to your unique situation, prioritizing your goals.

If you’re facing a probation violation, don’t wait. We’ve successfully helped clients resolve probation violations with minimal penalties. Contact the Law Offices of Jennifer R. Solomon today for a free 15-minute consultation. Let us help you protect your future.