Violations of probation (VOP) and Violations of Community Control (VOCC) are just as serious as the as the original charge that resulted in probation in the first place.  This is due to the fact that the potential sentence is the same as you faced originally.  However, every Violation of Probation or Violation of Community Control must be willful and substantial for your supervision to be revoked and sentenced to jail or prison time.


Types of Violations of Probation

  • Technical violation: A technical violation of probation is where the probationer fails to comply with one or more of the general conditions imposed by the court and specified in the probation order.  Just because it is called a technical violation does not mean it is not serious and it still could result in revocation of your probation.
  • Substantive Violation: A substantive violation happens when a probationer is charged or arrested for a new law violation. Sometimes. If you are charged with a new law violation while on probation, chances are that you will not be allowed to bond out of jail until you go in front of the judge and have a hearing on the violation or work out a resolution with the prosecutor.

If you are arrested for a VOP, you are not entitled to a bond by Statute, unlike when you are arrested for a new charge. The judge has the discretion to give you a bond on a VOP, but they do not have to and you generally you have to wait to resolve your VOP in due course.  However, if you hire me before you are served with a VOP warrant, I can move quickly and be at your first appearance to argue for a bond.  I can also contact the prosecutor and try to get a stipulation for a bond or even work out the VOP so your time in custody is minimal.


What happens after you have been accused of violating your Probation?


Once your probation officer makes an allegation that you have violated the conditions of your probation, a violation of probation warrant will be sent to the Judge for his signature and the warrant will be issued for your arrest. If you are allowed to post a bond or ROR'd while the VOP charge is pending, you are still required to keep in contact with your probation officer and to continue to follow your conditions of probation.  It is key for you and your future defense to continue complying with your probation conditions, such as reporting to your probation offices, even if you think he/she will report that you violated your probation.  If you don’t keep in contact with the probation officer, chances to obtain a bond, if you are violated, and to successfully fight your VOP case will be more difficult.


It is extremely important that you contact me as soon as you suspect that you may have violated your probation. There are many strategies that can be used by your defense attorney to defend your rights.

  • Such as completing the condition of probation that is alleged to have been violated
  • Getting counseling for any purported positive drug test
  • Complying with your Probation Officer's request to come into his office
  • Obtain letters from employers, family and friends to support your defense to the violations

Violation of Probation Arraignment and Revocation Hearings


Once a VOP warrant is issued and you are taken into custody a Violation of Probation Arraignment is scheduled to either admit or deny the violation(s).  This first court date is an opportunity to resolve your VOP and get you out of custody on the same probation conditions or alternative conditions and supervision. If your case is not resolved at Arraignment a Violation of Probation Revocation hearing will be scheduled.  The Revocation Hearing is very different than other hearings.


A violation of probation hearing has the following characteristics:

  • There is no jury in a Violation of Probation Hearing.
  • Your Guilt or Innocence on the Original Charges is irrelevant.
  • The State has the burden of proving that you violated your probation and the Judge decides if you violated your probation willfully and substantially.
  • If the Judge finds that a willful and substantial violation occurred, you can then be sentenced to the maximum penalties allowed by law for the original charge.
  • The Judge has the authority to modify your conditions of probation, including the duration of the probation term, or to reinstate your probation. Or the judge can revoke your probation and sentence you to up to the maximum available sentence for the original charge.
  • The burden of proof is different at a Revocation Hearing than at a jury trial for a new charge. The burden at a Revocation Hearing is not “beyond a reasonable doubt” but rather the state has to prove by a "preponderance of the evidence" standard that the individual willfully and substantially violated a condition of his/her probation.  This standard is low and is basically a greater weight of the evidence standard. However, there is still plenty to do to defend these types of hearings.

If you are found guilty of violating your probation, you could be convicted on the original charges, which means that you will have now a criminal record. That is why it is imperative to contact me immediately to start fighting your violation of probation from the beginning.  I can negotiate to keep your withhold of adjudication and get you back on supervision. 


Call Today for a Free Consultation

(239) 278-1005