Probation is an alternative to a jail sentence for an individual convicted of a crime. While the convicted individual may be allowed to live outside of the physical jail or prison, they must abide by certain conditions during their probationary status. These conditions could include remaining drug- and alcohol-free, staying away from individuals and/or places involved in the conviction, checking in with a probation officer, and remaining gainfully employed.
The requirements of probation seem easy and straightforward. Unfortunately, probation violations are common in the United States. Of the nearly 4 million individuals who are granted probation after pleading guilty or going through a trial, 300,000 of them will violate that probation, causing serious consequences such as jail time, added probationary time, or additional conditions such as travel restrictions or curfew. (Bureau of Justice Statistics)
How can individuals on probation avoid violating the terms of probation? Here are some insights on common violations and what happens next.
What Constitutes A Probation Violation?
Probation violations can take many forms. The following is a list of common activities that can trigger one.
Failure To Report
One of the main requirements of probation is to report to a probation officer regularly. Some supervision plans require weekly meetings and even more frequent phone contact; for others, occasional or monthly contact is sufficient. Failure to comply with these probation provisions could result in legal consequences such as surrendering to the authorities.
Failure to Pay Restitution
Being on probation can come with fees and fines levied during the court hearing(s). Probationers may also be required to pay restitution (compensating someone for losses or injuries caused by a crime or other wrongdoing). Failure to comply with any of these actions may cause the court to take several actions, including imposing jail time, revocation of community supervision, or contempt of court.
Failure to Complete Community Service
Conditions of probation could also include a certain amount of hours of community service. Failure to show up for this service or make progress in a timely manner could result in a probation violation.
Use of Drugs or Alcohol
Conditions of probation often include the premise that the probationer will not use drugs and/or alcohol and can be subject to regular drug tests when checking in with probation officials. Failure to take these tests or to fail them is a serious violation of probation.
Conviction or Commission of a New Offense
While on probation, an individual needs to stay out of trouble including being accused or convicted of a new crime. In the case that the person has been arrested or accused of a crime, they may find themselves in violation of the terms of their probation.
Associating or Contacting Prohibited Individuals
Probation that stems from a domestic violence case or a case where there was a victim or witnesses in the case may come with requirements to stay away from certain individuals. This condition must be followed or the probationer may face serious consequences.
Throughout the probation period, a probation officer assigned to the case will check in and confirm that these conditions are met. If one or more are not followed, the individual may be arrested and brought back to court and/or more stringent conditions will be applied.
For more information on probation conditions and what you can expect in your specific case contact Patrick Conway Law.