Probation is a condition placed upon someone who has been convicted of a a crime. Probation allows an individual to be a liberty either instead of serving jail or as part of a sentence that partly includes jail.

But, a probation violation can send someone to jail who at first avoided a jail sentence by pleading guilty and accepting probation as their punishment.

Probation Is Not the Same As Parole

It's important to not confuse probation and parole :

• Probation follows a criminal conviction and may be given instead of jail. Probation lasts for a specific period of time, typically anywhere from 1 to 5 years.
• Parole follows release from prison. Though the person is no longer in jail, conditions of parole exist that can cause the person to have their freedom revoked and placed back in prison to serve the reamainder of their sentence. Parole may also last for a specified period of time, but "lifetime parole" may also be given. Lifetime parole is just that; the convicted person is subject to revocation of their parole, or "libery" over the course of their entire lives.

What Is a Probation Violation?

If probation is part or all of the sentence given after a criminal conviction. There are many ways to violate probation. The more common probation violations include:

• Failure to Appear in Court or before a probation officer (also called "failure to report"): A scheduled court appearance is often a condition of probation. The purpose is to provide the court with an updated progress report on how well a defendant is doing and whether the defendant is complying with all the requirements of probation. If the defendant doesn't appear for this court appearance, a judge may consider it a probation violation.

• Violation of Conditions: Probation often includes one or more conditions imposed by the judge that prohibit the defendant from visiting certain places, assiciated with other convicted people, attending drug treatment or work training, and a host of other requirements. If the defendant breaks these rules, it's a probation violation.

• Failure to Comply the Community Service: Mandatory rehabilitation or community service may be part of a defendant's probation. Often, probation is terminated at the end of community service. The reason for imposing probation together with community service can be that in a particular jurisdiction, the probation department may monitor the performance of community service. However, this is not the case everywhere.

• Failure to Pay Fines or Restitution: If the defendant doesn't pay a fine or pay restitution to a victim as ordered, the judge may consider this a probation violation.

• Possession of Illegal Substances: Possession of illegal weapons or drugs is a common probation violation.

• Committing a Crime: Not committing any further crimes is mandatory during probation. Conviction for a new crime will be a probation violation. However, depending upon the nature of the original conviction or the nature of the alleged new crime, some probation departments will wait until the probationer has been convicted or found not guilty of that new crime before executing a violation of probation order. It is essential to know that this is purely at the discretion of the Department of Probation, since a condition of probation is also not be re-arrested. The arrest alone can trigger the violation.

• Being Arrested : Regardless of whether someone on probation is charged with a crime, if he or she is arrested during probation, it can be considered a probation violation.

After a Probation Violation

If you have violated your probation, you may suffer one or more of the following consequences:

• Prison or jail time
• An additional and extended period of probation
• Modifications of your probation terms
• Community service

Get an Attorney's Advice about Your Probation Violation

If you have violated your probation, or if any law enforcement agency alleges that you violated your probation, the attorney representing you may help to limit its consequences.  Please call us. Speak to an experienced criminal attorney today to discuss your situation.

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