If you violate the terms of your probation, the court may take action—but this doesn't automatically mean jail time. The consequences depend on the type of violation, your overall progress, and your specific circumstances.
There are two main types of violations:
- Low-Level Violations: These include violations such as missing a probation officer check-in or other appointments. Courts typically address these through corrective measures—such as reminders of probation conditions, additional conditions, or referrals to support services.
- New Law Violations: Getting arrested or charged with a new crime while on probation is more serious. The court will likely hold a violation hearing and may revoke your probation or impose stricter penalties.
Your Rights:
When accused of violating probation, you are entitled to a hearing, discovery and due process. At a contested hearing, the judge will hear evidence from the State and Defense (if appropriate) and determine whether a violation occurred and what consequences should follow. If the judge finds it more likely than not that you violated probation, they have the authority to impose sanctions. We can subpoena witnesses in your favor and present a defense case when appropriate. If you're found in violation, both the State and Defense will present arguments to the judge about the appropriate outcome.
My Approach:
If you're accused of a probation violation, I will:
- Review the details of the alleged violation
- Perform a thorough case analysis
- Meet with you to discuss your goals, concerns, and ideas
- Conduct necessary investigations
- Develop mitigation strategies when appropriate
- Advocate for alternatives to incarceration (such as treatment, time-served credit, curfew, community service, therapeutic contacts, increased check-ins, electronic monitoring, or continued probation)
- Present a complete picture of your progress, needs, and support system to the judge and the prosecution