What does violation of probation mean

Practice Areas. Criminal Defense. Other Crimes. Violation of Probation. Violation of Probation If your Maryland probation is violated chances are you will be arrested, and you could sit in jail without bail.

Do not wait for the clerk of court to set up a hearing! You could wind up waiting in jail for up to a month waiting for a so called "timely" hearing.

Benjamin Herbst will do whatever it takes to try to get you in front of the judge as soon as possible. Search Search. Submit a Law Firm Client Review. Contact Us for a Free Consultation. Probation may only be revoked for violation of a condition which was imposed by the judge, not by a probation officer.

The initial consultation is free and I am always available to advise you on the proper course of action that can be taken. Violation of Probation VOP in Florida A violation of probation proceeding is much different than being charged with a new crime.

No constitutional right to request a bond while awaiting a VOP hearing. No right to a jury trial in a VOP hearing. Hearsay is admissible in a VOP hearing. Guilt is proven by a preponderance of the evidence, not beyond a reasonable doubt. Probation Violations After you are placed on probation, you are advised of the conditions of your probation by the judge and your probation officer. There are two types of probation violations you can commit: Technical Violation Substantive Violation New-Law Violation Technical Violations of Probation A technical violation is any violation of either your general or special conditions of probation.

Examples of technical violations include: A positive drug or alcohol test result. Failure to report to the probation office. Failure to report a change in address or other required information.

Failure to attend a required class, treatment or counseling session, or meeting Failure to submit to a drug or alcohol test. A violation of curfew. Failure to meet a monthly quota on any required probation condition, including, but not limited to, making restitution payments, paying court costs, or completing community service hours.

Leaving the county without permission. Failure to report a change in employment. Conditions and Violations A person on probation doesn't have the same freedoms the average person does and must live under specific rules, or conditions. Probation reporting. Probationers must typically report to a probation officer. These officers are responsible for monitoring probationers, keeping track of their location, regularly meeting with them, and generally making sure the probationer is keeping up with the probation terms.

When a person commits a crime that results in monetary or other harm to a victim, the court will usually impose a restitution condition as part of the probation sentence. The probationer must pay money to the victim to compensate for the damage the probationer caused.

The amount of restitution differs depending on the amount of damage the victim suffered. Community service. Probation conditions might include community service requirements. The court can require a probationer to perform a specific number of hours of volunteer work with an organization that benefits the community. Drug testing. Many probationers, especially those who committed crimes where drugs and alcohol were involved, will have to take random drug tests.

Probation officers can order drug tests when they believe necessary. Probationers must typically maintain employment for the entire term of their probation. If they don't have a job at the time of being placed on probation, they must either find one or try to find one. People on probation must also submit to random searches by their probation officer.

An officer can, for example, show up at a probationer's home and search for weapons or drugs at any time and the probationer must allow the officer in. In other words, a probationer does not have the same Fourth Amendment protections against unreasonable searches and seizures that non-probationers enjoy. Criminal involvement. If you are charged with violating your probation, call our office today to schedule a free case analysis to discuss your situation and your options.

Phone: Todd Browning [email protected].