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Probation Violations

Posted by William Young | Mar 19, 2019 | 0 Comments

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As an alternative to jail time, a judge may impose a period of probation on a defendant when a found guilty. Probation allows the defendant to be out in the community but subject to certain conditions for an assigned period of time. Some common requirements of probation may be: meeting with a probation officer on a regular basis; undergoing random periodic drug testing; not being accused of other crimes; paying court-ordered fines or victim restitution.

When a person on probation violates a term of his/her probation, a warrant may be issued for that person's arrest. After an arrest on a probation violation warrant, the individual will likely be held on the probation violation until the matter is resolved. There is no right to reasonable bond on a probation violation. If the individual chooses to deny the allegations of a probation violation and an agreement cannot be reached, there will be a Probation Violation Hearing. This is similar to a trial. However, during a Probation Violation Hearing the state has a lower burden of proof, there is no jury, and the rule of evidence are relaxed. The case is tried before a judge rather than a jury and the state only needs to prove the allegations "by a preponderance of the evidence" (meaning it is more likely than not).

The consequences of being found to have violated your probation are up to the judge and vary from case to case. The maximum punishment available is the remainder of any sentence suspended on the underlying case. If a person is found to have committed a probation violation or admits to a probation violation punishments could include: prison or jail, additional probation restrictions, classes or education, etc.

About the Author

William Young

Idaho Criminal Defense and Civil Litigation Attorney. Although I do a little bit of everything in my practice, I focus primarily on Criminal Defense and Civil Litigation. I am licensed to practice, and have a record of success, in both state and federal court.

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