A person who’s convicted of a criminal charge through a trial or a plea agreement may be sentenced to probation. This allows the person to remain in the community while having oversight by a probation officer to ensure they comply with all applicable terms.
When the person on probation follows the rules, they’re in compliance with their probation. If they don’t follow the rules, they may face a probation violation charge. Understanding probation violations may help individuals who are on probation.
What conditions will a probationer have to comply with?
The conditions a person has to comply with while they’re on probation can vary depending on what they were convicted of, but there are some that are common in all cases. Typically, everyone who’s on probation will have to remain in contact with the probation officer based on a schedule set by the probation office. Other common terms include holding a job, staying out of legal trouble, getting and remaining sober, staying away from convicted felons and meeting all conditions set by the court.
What happens if a violation occurs?
The probation officer may have some discretion in how they handle probation violations. Technical violations may be handled in the office. Other violations, such as those involving new criminal charges, may require the probation officer to file a violation with the court.
If the probation officer files a violation with the court, the case goes before a judge, not a jury. Probation violations are handled through bench trials, so it’s critical to have someone to assist with building the defense and presenting it.