Guides
- Common NFT Scams to Look Out For & Ways to Avoid the Fake Ones
- What to Do If You Witness a Crime?
- What Is Skip Tracing and How Does It Work?
- Common Venmo Scams to Look Out For and How to Avoid Them
- Can You Get Child Custody If You Have a Criminal Record?
- Common Amazon Scams and Ways on How to Avoid Them
- How to Find Liens on a Property?
- Multiple Bankruptcies: How Often You Can File One?
- How to Adopt a Child in the US?
- I Lost My Birth Certificate. What Should I Do?
- Warning Signs of Job Scams and How to Protect Yourself
- What Is a Ban the Box Law?
- What is Expungement?
- How to Transfer Property After Death Without Will
- What Is a Police Blotter?
- How to Appeal a Parking Ticket
- What Is a Clean Driving Record?
- What is Title Washing?
- What is Extortion?
- How To Run a Motorcycle Title Search
- What Is a Digital Footprint?
- What is Anti Money Laundering (AML)?
- Guide on How to Get a Death Certificate
- What is the US Equal Employment Opportunity Commission (EEOC)?
- What is Multi Factor Authentication?
- What is a Citizen's Arrest?
- How to Know that You’re in an Obsessive Relationship
- Guide to Online Survey Scams
- 13 Different Types of Police Officers
- Full Guide on Work-from-Home Scams
- Is Private Browsing Really Private?
- Different Types of Felony Classes & Charges
- What is Juice Jacking?
- What are Romance Scams?
- Traffic Offenses and Violations
- What is Doxing and How to Prevent it?
- What are Spam Text Messages
- The U.S. Death Penalty: History and Modern Usage
- A Guide to Different Types of Bankruptcies
- Common eBay Scams to be Aware of
- What Happens When You are Booked in Jail?
- What Information Can You Get From A License Plate
- Different Types of Assets
- 8 Tips to Help You Find Family Members
- Car History Guide, Benefits, Importance
- Am I Dating a Stalker?
- How to Find out if Your Partner is Cheating
- What Is A Packet Sniffing Attack
- Intellectual Property Law and Rights
- Cyberstalking And Its Dangers
- A Guide to Phishing Scams
- What is Organized Crime?
- I’ve Lost My Driver’s License: What Should I Do?
- Misdemeanor Charges: Types, Classes, and Penalties
- A Complete Guide On Catfishing
- Vanity Phone Numbers: A Complete Guide
- What Happens When You Get Arrested
- Guide to Find Information About a Person Online
- How To Find And Claim Unclaimed Money
- What Happens if You Violate Probation
- Guide on How to Remove a Mugshot from the Internet
- How to Stay Safe on Public WiFi
- How to Deal with an Outstanding Warrant
- Different Types of Car Insurance
- What Is Cyptojacking?
- What Is Email Security?
- What Is the Deep Web and What Can Be Found There?
- What Happens When You Declare Bankruptcy
- How Divorce Settlements are Calculated
- What are Common Methods of Social Engineering
- What is the Difference Between a General Lien and a Specific Lien?
- How to Detect Odometer Rollback
- Different Types of Probation
- Finding forgotten life insurance policies
- What is Bearer Bond and Why the US Banned it
- Everything you need to know about small claims court
- Moral Turpitude: Definition, Examples, and Much More!
- Misdemeanor vs Felony
- How To Read VIN Number
- How to Find Out Who Hacked Your Cell Phone
- How Long Does a Misdemeanor Stay On Your Criminal Record?
- The Paypal Phishing Scam You Should Care to Avoid
- License Plates Types: USA Guide
- Effects of Cyberbullying: Complete Guide for Parents
- What is the DPPA?
- Petty Theft: Definition and Consequences
- What is a Life Sentence?
- How to Find Out if Someone Has a Warrant?
- Marriage License vs Certificate: Everything You Need to Know
- The Ten Most Popular Celebrity Mugshots
- How to Find Out if Someone is Married?
- How to Stop Phone Spoofing?
- How To Avoid Probate
- Dealing with abandoned vehicles in your neighborhood
- How to Find Someone's Cell Phone Number by Their Name
- Who Are the Worst Drivers in America?
- How To Find Unclaimed Money From Deceased Relatives
- What is a Digital License Plate?
- How to Find out if Someone Died?
- Murder vs Manslaughter: The Differences and Definitions
- How to Hire a Private Investigator?
- What Is a Number Neighbor?
- How to Find Out if Someone was Arrested
- How to Find Someone's Birthday?
- What is a Car Title
- How to Obtain a Police Report and Court Records?
- Filing a false police report
- Prison Valley: Look inside Prison Town
- How to Get Custody of a Child Without Going to Court?
- How to Find Someone’s Social Media Profiles?
- What to Do if Your Phone Is Tapped?
- What Is a Deed in Real Estate?
- Where Was The First US Federal Penitentiary Established?
- How to Find Someone's Location Using Their Cell Phone Number?
- What Is a Restricted Call?
- Who is the Most Dangerous Prisoner in the World?
- Poshmark Scams: How to Prevent and Report Them
- How to Find a Missing Person?
- How to Send Money to a Federal Inmate?
- DUI vs DWI: What're The Differences
- How Long After Buying a Car Do You Need to Register it?
- How to Find out Where Someone Lives?
- What Happens If You Get Caught Driving a Car Without Interlock
- Situational Crime Prevention: Theory, Techniques and Examples
- How Can I Find Out Who Called Me for Free?
- Gun Free Zone Statistics and Facts
- Online Threats and Digital Security: Trends, Types and Most Common Examples
- Cold Cases: Best Practices For Police Officers and Investigators
- Court Order: Definition, Types and Examples
- What Does a Fingerprint Background Report Show?
- How to Check Your Criminal Record?
- What is Tort Law?
- How to Calculate Child Support
- Property Rights: Definition, and Characteristics
- 12 Common Reasons for Public Records Request
- What is Antitrust Law?
- Virginia Gun Confiscation Law
- How Do You Find Out Who Own a Property?
- Neighborhood Watch Program
- How to Perform a Mugshot Search?
- Crime Mapping
- Safest Colleges in Florida
- Veterans Guide to Cars and Driving
- U.S. Correctional System: Structure, Incarceration and Facts
- License Plate Laws in the US
- How to Locate Inmates and Access Jail Records?
- Email Hacking: Laws, Penalties and Protection
- Romeo and Juliet Laws
- Holiday Safety for Home and Family
- Differences between Criminal and Arrest Records
- Public Records and Property History: What is Public Information and What Isn’t
- How to Look up Immigration Inmates?
- Famous Prisons in the USA
- How to Find Out Who Owns a Vehicle Using Reverse Lookup Tools
- How to Search for Your Family Tree?
- The Federal Judicial Center
- Mass Incarceration in the USA
- What is COPPA (Children's Online Privacy Protection Act)?
- Data Safety After The Capital One Breach
- Scholarships Guide for Students
- Complete Guide to Student Safety
- What Is a Vehicle Identification Number?
- Determining Divorce: 5 Types of Divorce You Must Know
- Sex Offenders: Complete Guide to be Protected
- New Privacy Laws and Public Records
- Motor Vehicle Registration in the US
- Digital Token Age: Security Laws and Regulations
- Facial Recognition Technology and Legal Restrictions
- What Shows up in a Background Report
- Car Repossession Laws: Dealing with Car Dealers and Auto Fraud
- How to Protect Yourself from Phone Scams
- Human Rights in the Prison
- What are Business Competition Laws?
- What is a Hate Crime?
- Starting a Business and Business Licenses
- General Data Protection Regulation (GDPR) Guidance
- Criminal Justice Reform
- Tax Reform Impact and Changes To Know
- Self-Driving Cars: Laws and Regulations
- White-Collar Crime: Statistics and Facts
- Have You Been Arrested? Cases You'll Need a Lawyer
- How to Get a Driver's License in the US
- Car Theft in the US: Prevention and Facts
- Identity Theft Passport Program
- Changing your Name after Marriage: What You Need to Know
- Finding the Perfect Roommate: Dos and Donts
- What if You Get Into a Car Accident? A Complete Checklist
- Property Crimes: How to Burglar Proof Your Home
- Consumer Laws in the US: What Do They Mean for a Customer and a Business Owner
- Child Trafficking: The Scope, Understanding, and Prevention
- Business Assets: A Guide to the Financial Health of your Business
- Guide To The College Application: How, When and Where to Apply
- Which States Have “Stand Your Ground” Laws?
- Adolescent Depression Symptoms and Causes
- Things to Know About the U.S. State Department Travel Advisory System
- Inheritance in the US: With & Without a Will
- Online Dating Safety Guide for Men and Women
- Sexual Abuse in the U.S.: Laws and Statistics
- Supporting Children After Divorce: Child Custody Options
- Halloween Horrors Come to Life: Holidays Crimes in the U.S.
- Charity Scams in the U.S.: Be Aware and Protected
- Webcam Hacking & Spying in the US
- Sex Offender Search
- Freedom of Religion in the U.S.
- Senior Financial Scams: How are the Elderly Targeted and How to Avoid It
- Catcalling: Is it illegal? How to Deal With It
- A Complete Guide To Insurance Fraud: Common Types and Prevention
- Sextortion: What to Do if You Became a Victim of Blackmailing
- Concealed Carry: How to Protect Yourself on Campus
- Debt Collection Laws | Fair Debt Collection Act: What You Need To Know
- How Much Is My House Worth? Ultimate Guide to Home Buying and Selling
- What are the Traits of a Sociopath?
- Do You Know Who Your Neighbors Are?
- Learn How to Find Your Birth Parents
- The Importance of Public Records in Law
- Do You Know What's the Difference Between Jail and Prison?
- Homeowner’s Insurance, Is it a Public Record?
- The Disturbing Facts of Gun Violence in America
- How to Use Public Records in Marketing
- Best & Worst Cities for Driving
- LGBT Bullying
- What You Need to Know When Buying or Selling a Used Car?
- School Safety and Security Standards
- Making Your DMV Experience Fast And Easy
- How to Prepare For an Active Shooter Incident
- How to Report a Crime?
- How to Protect Yourself Against Cyber Attacks
- 50 Things to Know When Filing for Divorce
- What to Do When You Are Stopped By the Police
- Tips for Back-to-School Safety and Security
- Guide to Filing for Bankruptcy
- How to Appeal the Court's Decision
- A User's Guide to Warrants
- How to Fight a Traffic Ticket?
- Keeping Your Neighborhood Safe For Your Family
- A Parent's Guide to Keeping Your Child Drug-Free
What Happens if You Violate Probation
Probation is a legal status given to those who meet a court’s requirements for conditional release rather than jail time. Lawmakers have recently recognized that incarceration should be reserved for dangerous people and not low-level offenders, so the use of probation has boomed as punishment for non-violent offenses like possession of illegal drugs, trespassing, and shoplifting. Probation violations are a primary reason that people spend time in jail.
Probation is a type of court sentence, generally reserved for first-time or non-violent offenders. Individual courts set the rules for probation along guidelines set by their state courts. For instance, in New York a non-violent first-time felony drug possession may conclude with suspension of the multi-year prison sentence as long as the individual completes required drug abuse education courses and obeys probation requirements for a certain period. This allows the convict to continue working (in most occupations) and to live at home while making required reports to a probation officer.
Probation records are kept by the probation officer and the courts to confirm whether the individual has completed all of the requirements set out by the judge or magistrate in the case. In the event of a probation violation the judge reviews these records to determine how the violation is handled.
There are nearly 3.5 million people, or nearly 1 in 40 adults, on probation in the United States, each with a specific set of rules to live by. Some have actively supervised probation while others are simply waiting out the period that the judge or magistrate set for them.
Conditions of Being on Probation
There are several types of probation. Some are heavily supervised while others on probation are given minimal requirements for compliance. Much depends on the individual’s criminal history and the disposition of the case in question.
Probation isn’t always the entire criminal sentence. Oftentimes probation is combined with a diversion program, such as an intensive drug rehabilitation program. Another type of probation is called shock probation, in which an individual believed to be a good candidate for rehabilitation is sent to jail or prison for a brief period then allowed to spend the remainder of the sentence on supervised probation.
In a study of probation by the state of Connecticut, 51 percent of 650 individuals on probation had on average three probation violations. Those were most often technical violations that were handled with a reprimand by the probation officer.
The judge or magistrate sets probation requirements at the time of sentencing. These may include:
- frequent check-ins with an assigned probation officer, by phone or in person;
- specific requirements about attending and successfully completing educational programs related to the sentence (such as drug abuse awareness, domestic violence, child endangerment, or violent behavior modification);
- wearing an ankle bracelet to ensure the individual is complying with rules about staying close to home or staying home in the evening;
- random drug or alcohol testing;
- prohibitions on seeing friends and associates who were involved in the criminal activity, and
- prohibitions on contacting victims.
What Happens When You Violate Probation?
Violations of the terms of probation are classified as either technical or material depending on the severity of the offense. The majority of probation violations are caught by the probation officer because it’s common for individuals to miss a scheduled check-in meeting, a technical violation. Other common probation violations include:
- missing a required court date,
- not showing up for a required class or community service project,
- failing a drug or alcohol test or
- moving beyond their allowed perimeter, such as a state line.
More serious violations of probation are called material violations. These are significant issues for the individual that may result in their probation being revoked and the prison or jail sentence being reinstated. Material violations may include:
- getting arrested on a new charge;
- cutting off a monitoring ankle bracelet;
- possession of a firearm;
- fleeing without approval of or communication with the probation officer; and
- any technical violation that is repeated multiple times.
Probation violation hearings for serious infractions are trials, held before a judge and different from criminal court cases. The defendant, the probationer, is likely to be held without bond and generally does not have the right to a jury to make the decision, just the judge. The burden of proof is lower than in a typical trial and some elements of a normal trial may be waived (such as allowing hearsay testimony). Most states withdraw the possibility of future expungement of criminal records if an individual violates probation. In Florida a statute of limitations does not apply to probation violations: one may be tried on them at any time, but in California the violation must be reported and tried prior to the end of the probation period.
Conclusion
Probation is a high-stakes second chance. Although it is widely used in order to reduce the load on prisons and keep families together most states take it very seriously. Connecticut’s study showed that those who were paroled after prison sentences were less likely to violate terms of release than those on probation without prison sentences. A Council of State Governments study showed that one in four prison admissions on average is a result of probation violations, providing rationale for carefully-kept probation records and continued monitoring and improvement of the processes in place.