Most people know that if you are on probation you cannot be arrested for any new crime. Most people also know that if an arrest is made while a person is in probation, that is considered a violation and the probation will likely be revoked. This type of scenario will send an accused to jail, with an uphill battle to fight on both the original crime and also on the new crimes, which now includes a violation of probation charge. But did you know there are ways to violate probation that do not involve being arrested or committing any new crime, and that these acts are just as much a violation as being arrested?
Seven ways probation can be violated without a new crime being committed include:
- Failing to provide your probation officer with a new address. As minor as this seems, you are required to keep your information updated and if it slips your mind to give your probation officer your new address, you can be charged with a technical violation of your probation.
- Failing to complete Court ordered drug or alcohol treatment programs. Many drug and alcohol related cases, like DUI’s, involve attendance in these programs as part of the probation. If you do not go, or do not finish by the deadline, you can be charged with violating your probation.
- Testing positive for drugs or alcohol can also be a violation of probation, if one of the terms of your probation as to remain drug and/or alcohol free.
- Not paying your court costs and fines is a probation violation, and is one of the most common ways probation is violated. Money gets tight and sometimes choices about what bills to pay are made, it is never a good idea to put off paying court costs and fines while on probation.
- In some instances, one of the requirements of probation is that the defendant not leave the state or country. If you take a family vacation and leave the geographic area to which you are restricted, you will commit a probation violation. This requirement is most generally reserved for more serious cases, but can be imposed upon request of the prosecution. If this is a part of your probation, stay put!
- Failing to provide documents and reports to your probation officer when asked is a violation.
- Providing false information to your probation officer is a probation violation.
When a violation occurs, the probation is revoked and the defendant no longer receives the benefit of the bargain made. What this means in most cases is a trip to jail, and the need to now defend multiple charges. For help with probation and with probation violations, call one of our skilled criminal defense attorneys today.
If you need help with probation, call an experienced criminal defense attorney in Stuart and the Treasure Coast to help you. Your first visit is a free initial consultation.