Alabama Probation Revocation

Probation is a sentencing alternative that allows a person convicted of a crime to serve their sentence outside of a prison or jail under court-ordered supervision.

Courts can impose probation instead of incarceration or in addition to prison time. When an offender violates the terms of their probation, they risk the court revoking their probation. The Alabama Rules of Criminal Procedure and the Alabama Code govern probation revocation.

This FindLaw article explores Alabama’s probation revocation laws.

What is Probation?

Sentencing courts can impose probation on convicted offenders within the confines of sentencing laws. Probation allows the offender to stay out of jail or prison while living in the community under court-imposed conditions.

Courts typically impose probation on convicted offenders in limited circumstances, such as cases where:

• The underlying crime was a misdemeanor or a “low-lying offense”
• The defendant had no prior criminal history

Sentencing courts also impose probation as part of a sentence. For example, they may sentence a convicted offender to five years in prison, with an additional five years of court-ordered probation.

Conditions of Probation

When a court imposes probation on a convicted felon, it also imposes probation conditions. The offender must comply with these conditions or risk revocation of probation.

Common conditions of probation include, but are not limited to, the following:

• Regular check-ins with a probation officer
• Random drug tests
• Performing community service
• No firearms
• Do not commit any new offenses or accrue new criminal charges
• Adhere to a curfew

Failure to adhere to the conditions of probation typically results in a probation violation, which can lead to a revocation hearing.

Revocation of Probation

Probation violations do not always result in probation revocation. Probation officers have some discretion to issue warnings instead of notifying the court of the alleged violation.

When they inform the court of an alleged probation violation, the court will likely set a date for a probation revocation hearing.

Technical Violations

"Technical violations" are usually alleged violations that do not include the commission of a new offense.

For example, an offender misses curfew or refuses a drug test. These actions would constitute a technical violation. However, committing a new crime, such as a DUI, likely does not qualify as a technical violation.

Probation Revocation Proceedings

The first step in the probation revocation process is a probation violation hearing. The judge who presided over the original criminal case and imposed the original sentence will often conduct the probation revocation proceedings.

At a probation violation hearing, the court will take evidence on the alleged violation and determine if the offender violated their probation. The offender/defendant can present their side, while law enforcement and the probation officer will present evidence to support their allegations.

If the court agrees with the probation officer, the hearing will likely become a sentencing hearing. The court has many options to address probation violations. These options include, but are not limited to, the following:

• Restoring the original sentence
• Imposing jail time
• Striking the probation from the record

Under Alabama law, the total time spent in jail for probation violations cannot exceed the original sentence.

Get Legal Help

If you are facing a possible revocation because you did not adhere to the terms of your probation, you should speak to an experienced criminal defense lawyer. They are criminal law experts and can provide sound legal advice. Protect your rights by enlisting the help of a qualified Alabama criminal defense attorney today.