A probation violation happens when a person does not meet the terms and conditions of probation set by the court. If this happens, they can face consequences including being sent to prison.
Violation examples
There are many common examples of probation violations. These include not reporting to the probation officer as required, failing to update contact information, testing positive for drugs or refusing drug testing, or not attending a court ordered counseling or treatment program.
If a person on probation does not pay their fines, is arrested and charged with a new crime, violates a restraining order or leaves the jurisdiction against court requirements, their probation could be revoked.
This can also occur if the person does not complete court ordered community service, anger management classes, or parenting classes, for example. Sometimes, the court will set employment requirements and if the paroled person and if those are not met, it may be a violation.
Defenses
There may be defenses available, including that the violation was not intentional. If the situation that caused the probation violation was not within their control, you can explain that to the court. This may apply if there was an emergency or a medical issue, for example.
It may also be a defense to show that there was a misunderstanding and that you did meet the probation terms. You may also call witness credibility into question or state that the probation officer’s statements are not reliable.
These are only some examples of defenses. The success of the defense will depend on the specific circumstances of the alleged violation.