When Probation is Violated
Probation is no joking matter and should be taken seriously. The penalties for a probation violation depend on the severity of the violation. In some cases, a second chance may be given and the probation violation will not affect the terms or conditions of the probation.
As soon as a probation violation occurs, an arrest may follow shortly thereafter and/or the defendant may be ordered to court for a probation violation hearing. During the court hearing, the Prosecutor must prove the violation by more than 50% of the evidence, as opposed to ‘beyond a reasonable doubt’ which is necessary for a criminal trial.
There are several factors that the Judge and Prosecutor use when considering a probation violation. They include:
The seriousness of the probation violation
The nature of the probation violation
The history of previous probation violations
New criminal activity surrounding the probation violation
Aggravating and mitigating circumstances of the probation violation
The probation officer and/or probation department’s view of the probation violation
The probation violation with respect to the probation term (whether it occurred at the beginning, middle, or end of the probationary term)