By FindLaw Staff | Legally reviewed by Joseph Bui, Esq. | Last reviewed December 21, 2022
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A probation violation is an offense that occurs when you break the terms or conditions of your probation. The punishment for probation violations usually depends on a variety of factors, such as the nature and seriousness of the violation, whether you have any prior violations, and whether there are other circumstances that may lessen (or worsen) the severity of the situation. A probation violation sentence may result in significant penalties including heavy fines, extended probation, jail time, or more.
This article provides a general overview of probation violations.
Probation violation laws vary among the states and are governed by federal and state law. Generally, a probation violation occurs when you ignore, avoid, refuse, or otherwise break the terms or conditions of your probation at any time during the probation period. Probation typically runs from six months to three years, but may also last for several years depending on the original offense.
Probation may be violated in many different ways. Circumstances that may lead to a probation violation include:
There are different consequences for violating probation, depending on the nature of the violation.
There is no set rule as to what happens immediately after a probation violation is reported. Probation officers have broad discretion to issue a warning or require you to appear in court for a probation violation hearing. In deciding, a probation officer may consider the severity and type of condition violated, past probation violations or warnings, and other considerations. If you're requested to appear in court, the probation officer will request some form of penalty, which may potentially include jail time.
During a probation hearing, a sentencing judge will hear your case to consider whether you violated any terms or conditions of your probation. The prosecuting attorney will need to prove a violation occurred by a "preponderance of the evidence" standard, or by a likelihood of more than 50 percent. Factors a judge might consider include the nature, type, and seriousness of the violation claimed, as well as a history of prior probation violations and other aggregating or mitigating circumstances.
If you're found guilty of a probation violation, sentencing will occur shortly after the hearing, at which time the court may extend your probation, impose additional probation terms, order you to serve a brief time in jail, or revoke your probation altogether and require you to serve out any remaining time of your original sentence in prison. Factors a judge may consider in determining your sentence may include the nature and manner of the offense and whether the offender was a "first-time" or "repeat" offender, among other considerations.
If you're facing probation violation charges, it's important to know your legal rights to minimize or avoid additional penalties and consequences.
Generally, you have the right to:
A local attorney or other expert legal advisers can help you understand the rights available to you at a probation hearing in your particular state.
Judges have broad discretion to impose jail sentences or other penalties for probation violations, subject to the maximum limits of a particular state statute. Some of the lighter penalties for violating your probation include having to perform community service, attend rehabilitation or a "boot camp," or other programs aimed at correcting the behavior. Other more serious penalties include having to pay large fines or restitution (monetary fines to victims) or having to serve a brief time in jail. The judge may also revoke your probation altogether and require you to serve the remaining terms of your original sentence in prison.
A probation violation is a serious offense that occurs when a person avoids or breaks any of the terms or conditions of his or her probation. When those terms are broken, the person serving probation can face severe consequences and penalties, including the possibility of additional probation terms, significant fines, revoked probation, or, more significantly, jail time.
The last thing you want is to return to prison, which is why you should consider getting expert help from an experienced criminal defense lawyer in your area.
Contact a qualified criminal lawyer to make sure your rights are protected.
Get tailored advice and ask your legal questions. Many attorneys offer free consultations.