Probation is a test of a felon’s fitness to reenter society, and violating probation restrictions can result in fines, community service, mandatory rehabilitation programs, or jail time. Violations depend on initial conditions, and common ones include missing meetings with a probation officer, not informing of address or job changes, and avoiding re-arrests. A hearing is called before a government-appointed council to allow the offender to defend their case and answer charges. Minor penalties may be imposed, such as fines or community service, while serious violations result in jail time.
When a convicted felon is released, he often faces a new set of guidelines and restrictions in the form of probation. This action occurs when a criminal is released under supervision before his initial sentence has expired. Because probation is to some extent a test of the offender’s fitness to reenter society, violating probation restrictions is a serious matter. Penalties for probation violations can vary by region, but typically include fines, community services, or mandatory rehabilitation programs in minor cases. Serious offenders should probably expect additional jail time, if not the revocation of probation itself.
The types of probation violations depend on the initial conditions of the probation. Perhaps the most common violation is the offender’s absence from scheduled meetings with a probation officer assigned to his case. Other common conditions of probation include keeping the probation supervisor informed of address or job changes, keeping away from other convicted felons, paying a supervisory fee, and avoiding re-arrests. Some crimes may also involve specific conditions. For example, a child sex offender may be required to stay a certain distance from areas occupied by numerous minors, or a drug offender may be subject to mandatory drug testing.
In many cases, the first step in addressing a probation violation involves obtaining an arrest warrant for the offender. After the offender is in custody, a hearing may be called before a government-appointed council to allow the offender to defend his or her case and answer charges. Lawyers, evidence and witnesses can be used. If the board determines that a suspected probation violation has occurred, a second hearing may be scheduled in which the board will determine in a vote whether the probation should be removed or revoked. However, if the offender fails to appear at either hearing, parole may be summarily revoked.
While probation revocation is the most serious consequence of a probation violation, minor penalties may be imposed based on the nature of the violation and the offender’s general history. Fines and community service are two common alternatives to prison. Some regions also institute rehabilitation programs or week-long boot camps to limit probation violations. If a parole board finds a violation serious enough, jail time will likely be given in the form of a short sentence followed by resumption of probation or reinstatement of the original sentence. Some violations can even get oversight on the offender’s probation.
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