Probation can be violated in various ways. The most common types of Probation Violation include:
Failure to Pay – failure to pay the necessary fines and restitution to the victim can cause a probation violation to occur
Failure to Comply – part of the probation requirements may include community service and rehabilitation. When the defendant fails to complete these programs, probation violation can occur
Failure to Appear – most probation conditions require scheduled court appearances by the defendant. The defendant will provide a progress report. The failure to appear in court may result to probation violation
Violation of Rules – part of the probation may include conditions wherein the defendant is prohibited from visiting certain people or going to certain locations. If the defendant fails to adhere to these conditions, probation violation can occur.
Failure to Report – the probation may require the defendant to be accountable to a probation officer. The defendant needs to provide a report at scheduled times. Failure to meet this requirement can result to probation violation.
Possession of Illegal Items – possessing illegal items such as weapons or drugs can cause a probation violation to occur
Committing Crimes – keeping out of trouble is non-negotiable part of probation. If the defendant commits a new crime during his probation, probation violation occurs.
Being Arrested – regardless of whether criminal charges are filed against the defendant, being arrested can cause probation violation to occur.
Consequences for probation violation can differ greatly depending on the offense. Among these include extension of probationary period, modification of probationary terms, revocation of probation, possible jail time, community service, reinstatement to probation with same or different terms, physical labor, rehabilitation, and treatment program.
At a probation hearing, you have already been sentenced and you are accused of violating the terms and conditions of your Judgment and Sentence. The Court could impose any or all of your previously suspended jail time or fine.
Unlike your original criminal charge where the standard of proof is beyond a reasonable doubt, the standard of proof for a probation violation is preponderance of evidence.
You have the right to be represented by an Attorney at a Probation Violation Hearing. An experienced Attorney such as Mr. Chmelewski can represent your best interests to the court – explaining all mitigating factors on your behalf.
Mr. Chmelewski will review your Judgment and Sentence, the probation violation certification that has been filed against you and speak with the Deputy Prosecuting Attorney and the probation officer assigned to your case.
If you are accused of violating the terms and conditions of your probation you need to retain the professional services of Mr. Chmelewski who has the education, training, and experience to mitigate the damage at your probation violation hearing.
