10 Ways You Can Violate Probation

If a person is given probation, this means that they can get rid of the criminal charges against them without going to jail. Instead of being detained, a person may instead be released on probation, usually as a result of plea negotiations.

Probation isn’t a get out of jail free card, however, and you must adhere to the specific rules and regulations associated with it. In short, if you break the terms of your probation, it could be revoked and you could end up in prison. If you don’t familiarize yourself with the terms of your probation and unknowingly break it, you could still end up serving your sentence behind bars.

Here are 10 ways you can violate your probation:

  1. Traveling out of state

Leaving the state without the permission of your probation officer is a violation. If you travel out of state or decide to move to a different one, you must discuss this with your probation officer first. Doing so without the permission of the probation officer is known as absconding.

  1. Proof of employment

One of the terms of your probation may be that you are employed or seeking work. If you are employed and then quit, it could break the rules. Bringing proof of employment to probation officer meetings is therefore important, as failure to do so could be considered a violation.

  1. Incomplete community service or court-ordered treatment

If you are ordered to do community service or to undertake treatment such as counseling and fail to turn up or stop before it is complete, this could be a probation violation. Failure to pay any court-ordered fees could also result in the same.

  1. Arrests vs. Convictions

If you are arrested while on probation, it will likely be a violation regardless of whether or not you are subsequently convicted of a crime. This may mean visiting people or places associated with criminal activity that could land you in trouble.

  1. Failure to check in

People on probation must regularly meet with their probation officers. Failure to show up for one of these scheduled meetings is considered a violation of probation. Even being unreachable by your probation officer could be regarded as breaking the terms, so it is crucial for those on probation to ensure they are easily contactable at any given time.

  1. Possession of a controlled substance

Carrying illegal drugs is a probation violation, even if it’s prescription medication (if it doesn’t belong to you). If you need to take specific medicines around with you, make sure you have a prescription for them. Failing to pass a drug test is also a violation.

  1. Being in possession of contraband or a firearm

If the terms of your probation state you should not possess certain substances such as alcohol, being caught with them is a violation. If a person is convicted of a felony or a misdemeanor in a domestic violence case, they must not possess a firearm while on probation.

  1. Missing a court hearing

If you are summoned to a court hearing and you don’t show up, this could be considered a violation and could mean a prison sentence is imposed instead.

  1. Failure to comply with the terms of an Emergency Protective Order or Temporary/Permanent Restraining Order

If a person breaks the terms of the above in a domestic violence case, this is also a violation of probation.

  1. Coming into contact with prohibited persons

If you are convicted of a sex offense, coming into contact with a minor could be a violation. Additionally, being around others who are suspected of, or have been convicted of, prior criminal activity could also qualify as a violation.

Being given probation instead of a prison sentence provides a person with the chance to live a freer life and avoid incarceration. However, it’s easy to make mistakes that could risk the probation being revoked and a prison sentence handed out instead.

If you or someone you know has violated the terms of their probation, the experienced lawyers at Pak & McRae Law, LLC can help fight your case. Contact us for your free consultation today!

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Pak & McRae Law

At Pak and McRae Law, LLC we provide straightforward, sincere criminal defense for local, state, and federal matters. Our team includes a former Assistant District Attorney, so we understand how prosecutors approach cases and will use those insights to benefit your case.

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