Probation can be granted as a sentencing requirement to keep a convicted criminal offender out of jail or prison. In exchange for this leniency, the criminal offender must follow a set of rules and expectations set by the court when the probation period is granted. If those rules are violated, then the probation period will typically end immediately, and the offender will serve the remainder of their sentence behind bars as originally planned.
With the benefits of probation being so significant – staying out of jail lets you stay in your home and with your family and keep going to work – it’s important that you know how to follow the terms of your probation. One mistake could count as a probation violation and end the terms of your probation.
Typically, the following actions are considered forms of probation violation:
- Failure to appear in court: You will need to appear in court for scheduled hearings. Missing just one court date can count as a probation violation.
- Failure to report to probation officer: Typically, probation will require you to attend routine check-ins with a probation officer, who is tasked to oversee your probation and make sure you are completing the requirements. You must attend all check-ins, including in-person and remote check-ins.
- Failure to complete court-ordered programs: Depending on the circumstances of your conviction, the court might order you to complete a rehabilitative program. For example, you may be required to complete a sobriety program if you were convicted of illegal drug possession.
- Failure to pay all fees: If you are required to pay fines, fees, and restitution as part of your sentencing requirements, failure to pay them all on time could be seen as a probation violation, even if you have made an honest effort to make those payments.
- Failure to pass a drug test: You may be required to take random drug tests if your conviction was related to drug crimes. Failing one test will likely result in the immediate termination of your probation.
- Arrest for new crime: It is crucial that you do your best to stay out of legal trouble while on probation. Just being arrested for or charged with a crime can be enough to convince the judge overseeing your probation case to cancel it.
- Violation of protective order: If you were convicted for the crime of domestic violence or you have otherwise been restricted by a protective order, you must not violate any terms of the protective order.
- Unapproved departure: When a court approves probation, you will usually need to stay within the jurisdiction of that court during the probation period. If you leave the jurisdiction area – which could be as small as the county you live in – without obtaining permission from the court, you could be accused of absconding probation, which is a type of violation.
Can You Challenge a Probation Violation?
Have you been accused of violating your probation? The bad news is that could lead to the termination of your probation, which will be based on the court’s discretion. The good news is that you have an opportunity to challenge the accusation.
The court won’t revoke your probation immediately. Instead, you’ll have to attend a hearing about the alleged violation. During this hearing, you can make your argument as to why the violation did not happen and/or why it would be unjust to terminate your probation and send you to jail. You don’t have to worry about presenting your argument alone, either, because you have the right to bring an attorney to this important hearing.
Patituce & Associates offers comprehensive criminal defense counsel for people across Ohio. If you need help challenging a probation violation, you might only have a few days or weeks at most to prepare your case. Our attorneys are always ready to jump into action for a client in need, so don’t hesitate to reach out when you need us.
Call (440) 771-1175 or submit an online contact form at any time.
