Probation violation happens more frequently than you may realize. Here’s what you need to know. Is violation of probation considered a serious crime?
Yes, a violation of probation is definitely considered a serious matter. Whether it is classified as a “serious crime” depends on the context and jurisdiction.
When someone is placed on probation, they may be given the opportunity to serve their sentence in the community rather than in jail. That’s a big deal. If you committed a crime and were found guilty, probation is generally considered a better option than going to jail.
That being said, probation comes with certain conditions. These conditions can vary depending on the individual, the circumstances and the offense.
They can include:
Reporting in regularly with your probation officer
Not using controlled substances (drugs)
Submitting to random alcohol and drug testing
Supporting your dependents financially
Not committing any new offenses
Not associating with anyone involved in criminal activity
Not using or possessing firearms
Staying in a particular geographic area ordered by the court
Paying restitution to anyone you have harmed during the commission of a crime
Allowing your probation officer to randomly visit your home, workplace, etc.
Keeping a job during probation
Violating these conditions – such as committing another crime, failing to meet with a probation officer, or not complying with specific requirements (like attending treatment programs or paying fines) – can have significant consequences.
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What are some common examples of probation violations?
Committing new criminal offenses while on probation – that’s a big one
Failing to meet with your probation officer as scheduled – very common
Testing positive for illegal drugs or alcohol (failing drug tests) – also very common
Failing to pay fines, restitution, or supervision fees
Being in contact with known criminals or gang members
Breaking curfew restrictions that were imposed by the court
Leaving the jurisdiction or defined geographic areas without permission
It may seem obvious, but when you’re on probation, you’ve made an agreement with the courts that you won’t get into more trouble. That means you can’t break the law. You can’t commit another crime. You also can’t hang out with people that are likely to get you in trouble. And you can’t ‘not’ do things you’ve agreed to do like missing meetings with your probation officer or flaking out on paying fines or fees that you must pay.
But if you did, how do you determine the ‘seriousness’ of your violation?
Like anything else, it will depend on factors including:
The nature of the violation (e.g., a new criminal offense versus missing a meeting)
The individual’s criminal history
The terms of the probation
And, what are the possible consequences for violating probation?
They include:
Revocation of probation and restating of the original sentence (like going to jail)
Extension of the probation period
Additional fines or stricter conditions
One aspect of your actions that will be considered is, “was your violation willful and substantial?”.
Let’s say you lost your job at a restaurant that went out of business and that meant you were unable to pay a fine associated with your probation. The court will take that into consideration and likely will determine that you didn’t willfully not pay the fine.
On the other hand, if you went looking for someone to sell you an illegal handgun, and made the transaction, that would be considered a willful and substantial violation. And certainly, the court would not look favorably on that decision.
In the end, the severity of the consequences depends on the circumstances and the discretion of the court. You don’t want to rely on the discretion of the court as your violation shows that you’re not taking your sentencing seriously.
If I’m on probation, what’s the best way for me to adhere to the terms of my probation (and not violate my probation)?
Adhering to the terms of your probation is crucial to avoid further legal trouble.
Here are some strategies to help you stay on track:
You need to fully understand the terms of your probation
Make sure you fully understand all the requirements and restrictions placed on you
If anything is unclear, consult your probation officer or legal counsel for clarification
Understanding your rights can help you navigate your probation more effectively and avoid unintentional violations
Avoid any situations that could lead to a new arrest
Attend counseling, substance abuse treatment, community service, or any other mandated programs
Follow all attorney and court-ordered requirements
Maintain regular communication with your probation officer
Attend all scheduled meetings
Be on-time to those meetings and communication with your probation officer
If you are facing challenges, let your probation officer know. They may be able to provide assistance or guidance
Smart tip – make sure you keep detailed records and know your deadlines
Document your compliance: Keep records of meeting dates, payments made, and program completions. You can’t rely on others to do this for you
Track deadlines: Make sure you know when any reports, fees, or other obligations are due
If you have financial obligations, make sure they are paid as scheduled
Avoid situations that may get you into more trouble
Avoid getting into situations where you might be tempted to engage in illegal activity
Be aware of how of your actions and decisions may be viewed by law enforcement or the court system
Take advantage of the support systems available to you
You want to try and surround yourself with supportive people and engage in constructive activities like work, education, or volunteering. Your family and friends should provide a good foundation for you
If you need help with employment, housing, or other issues, seek assistance from community organizations or your probation officer.
By following these steps, you can increase your chances of successfully completing your probation period without any violations.
Some of the benefits of being on probation, rather than being in jail, includes reducing incarceration costs, maintaining employment, supporting family and contributing to the community.
Probation violation is serious, but the attorneys at The Pakett Law Group can help.
Please call 561-318-0531 or email us here.
How would someone (like the police) know that I violated my probation? Isn’t it easy to get away with violating probation?
While it might seem like it could be easy to get away with violating probation, in reality, there are multiple ways that law enforcement and other authorities can find out about violations.
Here are some common ways:
Missing check-ins with your probation officer and failed drug tests
These are probably the most common ways someone can trip up. If you miss scheduled meetings with your probation officer or fail to stay in regular contact, it can raise red flags. Also, many people on probation are required to submit to random drug tests. A failed test will immediately be reported.
Depending on the terms of your probation, probation officers or other law enforcement may perform unannounced home visits to ensure you are complying with the terms of your probation. Likewise, your employment status may be checked to confirm that you are fulfilling work-related probation requirements.
New arrests or other forms of legal trouble
If you are arrested for any reason, the police will usually run a background check and see that you are on probation. Your probation officer will then be notified. Additionally, any new criminal charges or court cases are usually public record, and your probation officer or the court system may regularly check for new legal issues.
Basic surveillance and reports
If you are under suspicion, the police might keep a closer watch on your activities. Also, family, neighbors, employers or other acquaintances might report suspicious behavior or direct violations to the authorities or your probation officer.
Sometimes this surveillance is done through electronic monitoring. If you are required to wear a GPS monitor (like an ankle monitor), your location is constantly tracked.
Leaving designated areas or tampering with the device will be detected.
And some people who are on probation are required to wear alcohol-monitoring devices that can detect alcohol consumption.
Most people are not even aware that this type of technology exists or is used. In Florida, the courts can use a Secure Continuous Remote Alcohol Monitor (SCRAM) to detect alcohol use.
The goal of the Florida Safety Council SCRAM program is to:
- Increase public safety and victim safety by closely monitoring a person’s drinking behavior
- Create accountability among individuals for their drinking behavior
- Promote behavior change
- Reduce jail and prison populations by providing cost effective supervision alternatives
Program Attendance
If you are required to attend counseling, treatment, or community service, your attendance and participation are usually monitored and reported back to the probation officer.
Monitoring online activity like social media
In some cases, law enforcement or probation officers may monitor your social media accounts to check for any posts or behavior that might indicate a violation.
Reviewing financial transactions
Failure to pay court-ordered fines, restitution, or other financial obligations is often quickly noticed by the authorities.
Facing more probation time or a return to jail? Please call 561-318-0531 or email us here.
The Risk of Being Caught
While some violations might not be immediately discovered, the consequences of being caught can be severe, including revocation of probation, additional fines or even jail time.
It’s also important to remember that probation officers and law enforcement are often experienced in detecting violations, and they have access to various tools and resources to monitor compliance.
The best approach is to adhere strictly to the terms of your probation to avoid any legal complications.
If you were charged with violating your probation in West Palm Beach, or anywhere in Florida, please schedule a free consultation with The Pakett Law Group. You can call 561-318-0531 or email us here.
The Pakett Law Group, PA is committed to providing our clients with the highest quality representation. With over a decade of legal experience, West Palm Beach criminal defense lawyer Brian T. Pakett and his team of West Palm Beach criminal lawyers possess a comprehensive understanding of Florida criminal law – which can benefit you in your time of need.