A technical violation of probation is when an offender, who is under supervision by the probation office, violates one of the conditions of probation outlined by the court. Technical violations are often the result of the following activities:
- Failing to report for a scheduled office visit
- Missing a curfew
- Lack of employment
- Missed attendance at school
- Testing positive for drug or alcohol use
- Contacting a victim or co-defendant
- Repeated failure to report
- Pattern of misbehavior
If any of those activities have occurred while on probation, the result will likely be re-imprisonment, or sentencing to the suspended sentence. If you have been accused by the probation department of a technical violation of probation, you will need to retain the services of a top rated probation violation lawyer. Call (317) 743-0771 or email [email protected] today!
How Does Probation Work
To understand what is a probation violation, first, let’s explain the rules of probation. The specifics of the terms of probation can vary from state to state. Probation is a punishment for committing a crime which will allow an offender to spend less time in jail or avoid jail time altogether. In exchange for a sentence of probation, there are some very specific potentially life altering conditions. Some of the most common probation rules include:
- Meet with your probation officer on a set schedule
- Attend counseling related to your offense, such as drug or alcohol abuse or anger management
- Get random drug tests
- Stay in a specific geographic area and/or wear a monitoring device
- Avoid contact with known criminals, such as members of your gang or other associates
- Perform community service
Technical Probation Violations Explained
Technical violations of probation can be very minor in nature, but they are still probation violations. While there are some technical probation violations that fortunately are not hit with stiff sanctions and there are other instances when a technical violation will result in the conditions of probation being modified as a response to the violation. Oftentimes the probationer is given a stiff reprimand while also being placed under an increased level of community control, such as house arrest, rather than sent to prison. Probation officers routinely have a range of graduated sanctions available to address any technical violations of probation that stem from a verbal reprimand and increased reporting requirements, referrals to treatment or service programs, house arrest, and regrettably re-incarceration.
A Technical Probation Violation Is Treated Different
If a penalty, such as jail or prison time, is imposed for committing a technical violation of probation, then the penalty is generally not the result of a first offending act. A substantive probation violation usually is one that can quickly get a probationer sent to jail or prison. Particularly if it is a felony violation of probation. Even though a technical violation is not as serious as a substantive violation, it is important to retain a criminal attorney to make certain you have a strong defense of the technical violations of probation. Do not leave your fate to chance.
Technical Violation Examples
Again, as earlier mentioned, most technical violations of probation normally are not severe enough to warrant an arrest. Some technical violation examples include the following:
- Missing an appointment with a probation officer
- Missing curfew
- Lack of obtaining stable employment
- Failure to attend school
- Testing positive for drug or alcohol use
- Contacting a victim
- Contacting a co-defendant
- Failure to make restitution payments
- Failure to pay court costs, probation fees and/or fines
Remember, probation should be taken seriously, and any violation, no matter how small the perceived technical probation violation, can result in the court ordering the maximum penalty no matter how small the example of technical violation.
If a Probation Violation Has Occurred
If the court concludes that a technical probation violation has occurred, the judge is likely to do one of three things which are:
- Modify probation
- Reinstate probation
- Revoke probation
If the technical violation results in probation being revoked, the probationer will immediately be incarcerated. When there is a revocation of probation, the probationer is sentenced to the maximum time in prison allowable under the law.
If You Have Committed a Technical Probation Violation
If you have committed a technical violation of probation, then you need to hire a defense attorney. Let the defense attorney you hire be us at the Law Office of Jesse K. Sanchez. Just call us at (317) 743-0771 for help right now. A technical violation is serious and should be treated as such.