It is possible to break the terms of your probation without going to jail. Minor violations of probation, or “technical” violations, are not always punished with custody time. Even if probation is revoked, the judge need not do it. Instead, the court may change the probation conditions to make them more stringent or reinstate the conditions that were originally set.
How Long Does It Allow For The District Attorney To File A Probation Violation?
The length of your probation should be something you are very clear on right away. Usually, this will depend on how serious the crime was, where it happened, and whether it was the first offense. Probationary periods typically last one to three years, though this can vary. You’ll be required to complete specific obligations and make specific court appearances, so you need to know how long your probation will last. A probation violation would be leaving the area before it was supposed to be over. Therefore, it’s crucial to be aware of the precise start and end dates of your probation.
It’s important to keep in mind that probation is a sentence in and of itself and that it depends on you following its rules. Your behavior will therefore be monitored at all times while you are on probation. Therefore, if you break the terms of your probation, a probation violation charge may be brought at any point during that time.
The clock on your probation period is also stopped until your violation hearing when a charge of probation violation is filed against you. In other words, even if the court is unable to schedule the hearing before your probationary period is due to end, it may still review your case and revoke your probation.
What Exactly Are Technical Infractions?
A technical violation of probation is a relatively trivial infringement of the rules of supervised release.
The terms and conditions of a defendant’s supervised release will be specified by the judge if probation is given as a punishment rather than incarceration. These will be based on the initial crime and the defendant’s criminal history. Some common conditions of your probation can include:
- Refraining from further criminal activity,
- Regularly checking in with the judge for progress reports or with a probation officer,
- Only leaving the region with prior approval,
- Staying away from known criminal associates,
- Not using drugs or alcohol,
- Using an ignition interlock device for your vehicle, if the criminal charges were for driving under the influence (DUI),
- Taking and passing random drug tests,
- Performing community service, and
- Paying restitution to the victim.
There will be more serious infractions of these rules than others. Technical infractions are relatively minor infractions. Substantive offenses are more serious. Common examples of substantive violations include committing another crime. A typical example of a technical infraction would be arriving 10 minutes late for a scheduled court appearance or meeting with a probation officer.
Between these two extremes, breaking one of the conditions of your probation could be regarded as a technical or substantive violation. The type of violation is therefore crucial because of this. To possibly avoid a jail sentence and keep you on supervised release, a criminal defense lawyer can present mitigating evidence and argue that the offense was merely technical.
Contact The Attorneys At Wallin & Klarich To Fight Your Violation Charge
The best course of action is to work with a skilled and determined lawyer if you or a loved one is being prosecuted for breaking a probationary condition. For more than 40 years, Wallin & Klarich has successfully defended people who have been charged with violating their probation. Let us help you too by getting in touch with us right away for a free consultation with no commitment.
No matter where you work or reside, Wallin & Klarich has offices throughout California, including Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina, and Victorville.
What Difference Does It Make If The Probation Is For A Felony Or Misdemeanor?
The severity of the underlying criminal offense can be a factor in whether the judge revokes probation after a violation.
Misdemeanor offenses result in misdemeanor probation, also known as summary probation, while felonies result in felony probation. Due to the severity of felonies, felony probation sentences typically have stricter terms and a longer probationary period than summary probation sentences.
When deciding how to punish someone who has broken their probation’s rules, many judges take this into account. Someone on probation for a felony might be seen as posing a greater risk to the public by these people.
Common Violations Of Probation
There are many different ways you could break the rules of your probation, so knowing what constitutes a violation can help you stay in compliance with the requirements of your sentence. Common probation violations include:
- Missing appointment with a probation officer. If you are on supervised probation, you must visit your probation officer regularly according to the agenda he sets. If you fail to show up for an appointment, your probation officer may notify the court that you have violated your probation.
- Missing a court hearing. After a predetermined amount of time, the judge may decide to revisit your case and require you to appear in court again. It would be a flagrant and serious violation of your probation if you skipped the court appearance.
- Failing to pay fines or restitution. Depending on the crime you are found guilty of, the judge may order you to pay fines or make restitution to the victim. You risk being charged with a new offense for violating your probation if you don’t pay the fines and restitution according to the judge’s schedule.
- Not completing community service. You will have a set amount of hours to serve within a certain amount of time if you are sentenced to community service. A probation infraction would result from failing to do so.
- Visiting certain places or people. You might have to follow a special probationary requirement to avoid certain people or locations linked to criminal activity. You might not be allowed to communicate with other gang members, for instance, if you were a member of one. At these places and with these people, you don’t want to get caught.
- Not being employed. As a condition of probation, you might need to get a job or sign up for classes. You would be breaking the terms of your probation if you didn’t do it.
- Committing another crime. You are prohibited from committing another crime while on probation, which is a basic requirement of probation. A probation violation might even include a minor traffic infraction.
