Probation - Probation Violations

Probation Violations

A probation officer may imprison a probationer and petition the court for a violation of probation. The court will request that the defendant prove their innocence at an order to show cause hearing. If the defendant is unable to challenge the presumption of guilt at the hearing, the officer or prosecutor may request that additional conditions of probation be imposed, that the duration be extended, or that a period of incarceration be ordered, followed by a return to probation. There is no invariant rule as to what circumstances warrant a violation hearing, although conviction of a subsequent offense, or failure to report (to the officer) are nearly universal.

If a violation is found, the severity of the penalties may depend upon the facts of the original offense, the facts of the violation, and the probationer's criminal history. For example, if an offender is on probation for a gang-related offense, subsequent "association with known criminals" may be viewed as a more serious violation than if the person were on probation for driving a car with a suspended license; the reverse may be true if the initial offense were for driving under the influence. Similarly, penalties for violation may be greater if a subsequent offense is of greater severity (such as a felony, following a misdemeanor), or if the original offense and subsequent offense are of the same type (such as a battery following an assault, or retail theft following retail theft).