Criminal Defense Law and Violation of Probation Podcast. Attorney William Orth discusses violation of probation and what could happen to you if you violate conditions of your probation.
Mr. Orth begins by explains that there are 2 types of probation violations – Substantive Probation Violation (when an person is arrested for a new criminal offense) and Technical Probation Violation (not reporting to a probation officer or not paying court fines ).
What happens if you cause a Technical Probation Violation because of not paying fines but you didn’t pay them because you are unemployed and don’t have the money. Does the court look at the fact that you could pay because you were unemployed? In order for you to be found guilty of the probation violation, the Court would have to find that you had the ability to pay and chose not to — the Court may be find you are in violation but that it was not willful and the violation could be dismissed.
What are your rights if you violate probation – you have some of the same constitutional rights, such as the right to an attorney, but you may not have the right to a bond. If you are arrested and put in jail on violation of probation, the Court does not have to give you a bond. Whether it’s technical violation or a new law offense (substantive probation violation) you may sit in jail until you go to Court for a hearing on a violation.
How long could you be in jail? It depends. It could be a month, it could be 2 months, it depends on a number of factors.
What happens if you commit a violation of probation by committing a new offense? Mr. Orth explains that you would not get a bond on the probation violation but you could get a bond on the new charge.
What authority do Probation Officers have? Probation Officers have similar authorities as Police Officers – you however do not have the same constitutional rights — if the Probation Officer wants to do a search of your home or car, you do not have the right to deny. Another example would be if the Probation Officer requests a drug test, you cannot refuse. If you do, that would be treated as a positive result.
What recommendations might there be fore meeting the terms of probation? Some recommendations on meeting probation terms would be follow the rules carefully, show up to your appointments, do not commit crimes and make sure you are within the law — do the right thing.
What about being excused, can you be executed from checking in with a probation officer? In certain circumstances you can how it is best to call your probation officer and get excused.
Learn more about this matter by listening to the show with William Orth, Exquire, as he discusses what you need to know about violation of probation.
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