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- Once it has been established that probation has been violated, the judge has several options, including continuing probation without extra punishment, adding extra conditions, extending probation period, adding a fine, ordering a period of community service or revoking probation.. Of these potential punishments, the most serious is to revoke probation, as this results in incarceration. In some states, the prison sentence lasts for the remainder of the probational period, while others may result in the maximum number of years possible for the original crime. The exact period is decided by the judge. For felonies, which carry a mandatory minimum sentence of one year in prison, no less than one year will be served for probation that is revoked.
- Probation violation hearings are conducted without a jury, leaving the verdict and sentencing entirely up to the judge. In the case of a simple violation of probation, the prosecution must provide a preponderance of evidence that a violation occurred. However, if probation was broken as the result of the defendant committing another crime, that crime must be proven to the criminal trial standard of "beyond a reasonable doubt."
- Since probation is already seen as a lenient, favorable punishment, a judge may view any violation as an insult. Since probation is a test of the probationer's ability to live outside of prison and is served over a longer time than a prison sentence, violations typically result in a longer period of imprisonment than just a continuous jail sentence without probation. Essentially, a probation violation demonstrates that the convicted individual is not deserving of any further mercy from the court
- In a violation hearing, and any subsequent sentencing, the judge considers not only the conditions of the original crime and sentence but also the severity of the violation. Failure to meet with a probation officer, or other similar violation of the technical or noncriminal terms of probation, is considered an administrative violation. Such violations may result in no punishment or a small one, such as community service. This is dependent upon how many times the defendant fails to uphold these administrative conditions. More serious, substantive violations, such as committing another crime while on probation, result in more severe punishments, revoking probation and serving up to the maximum penalty for the original crime followed by any sentence for the newer conviction.
Punishment
Violation Hearing
Leniency in Violation Hearings
Severity of Violation
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