Probation is a sentencing alternative for allegedly committing a criminal offense, they may unwittingly violate the terms of their probation. With that in mind, we ask the question, what are first time probation violation consequences? If you’ve violated probation the first time, you are probably very nervous. You should be. Any probation violation should be taken very seriously. The following describes common probation violations and the consequences of a first time probation violation.
What is Probation?
Probation is a type of criminal sentence that is served by an offender instead of a jail sentence. It is a period of supervision of a criminal offender by an officer from the department of corrections, usually in the form of a probation officer. A probation officer is a person who oversees probation and parole and helps the offender with other adjustments in returning to the community after imprisonment.
Probation is typically granted at the discretion of the judge overseeing the case. Frequently, probation is granted in non-violent crimes. More importantly, probation is more than likely to be granted when there is a first-time offense. And of course, the more serious the offense, the less likely probation is to be granted.
Types of Probation
There are five different types of probation. Those forms of probation are called:
- Community Control/Community Corrections (also known as house arrest or GPS monitoring)
- Shock probation
No matter what it is called, probation is granted by the court to certain individuals for committing some kind of offense in lieu of a harsher punishment such as jail or a prison sentence. In order to be placed on probation, the individual MUST follow certain terms of the probation that are outlined by the court.
Common Probation Requirements for First Time Probationers
The terms of your probation will vary depending on the crime you were charged with. Common probation requirements normally include :
- Regular meetings with your probation officer
- Payment of fines or court costs
- Attendance at counseling or classes
- Maintain gainful employment
- Comply with court orders
- Provide DNA sample (felony probation)
- Completion of community service
- Installation of an interlock device on your car (Generally a requirement for a DUI/OWI probation)
- Requirements to not commit other offenses
- Avoid contact with other criminals
- Register as a sex offender (If convicted of a sex crime)
- Drug or alcohol testing.
First Time Common Probation Violations
It can be very easy for someone to violate probation without intentionally doing so. Most probation requirements are extensive, costly and most likely required to be completed within a certain period of time. It’s very easy to violate probation the first time by missing an appointment, or falling off schedule with completing community service.
Types of Probation Violations
There are two types of probation violations a person can commit. The type of probation violations are:
- Substantive violation
- Technical violation
Substantive violations of probation occur if you commit another criminal offense while you are on probation.
Technical Probation Violation
A technical probation violation can occur if you have violated one of the terms of your probation. Often terms of probation that are violated include:
- Missing community service mandates
- Missing restitution payments
- Missing appointments repeatedly with probation officer
- Failing a drug and alcohol test
- Failure to attend required drug and alcohol classes
Essentially, what constitutes a technical probation violation usually depends on the exact terms of your probation and what criminal charges were brought against you.
Substantive Probation Violation
A substantive probation violation means that you get charged with a new crime that occurred while you served your probation sentence. Because the only way to get a substantive probation violation is to get a new criminal charge, if you are wondering what are your consequences for violating probation for the first time, they could be very serious indeed.
First Time Probation Violation Consequences Are Serious
No matter if you make a technical probation violation or substantive probation violation, the first time violation consequences can be serious. Violating probation at any time can mean jail time, so any probation violation should be taken as serious as a potential jail sentence. If you think that you are facing first time probation violation consequences, give our office a call at (317) 743-0771 for help today with a probation violation lawyer. It could mean the difference between a slap on the wrist and serious jail time,