What Happens if You Violate Probation

Being placed on probation can be an opportunity to avoid jail time and rebuild your life. But probation brings its own set of strict rules and challenges. If you were charged with a crime in Washington and were placed on probation, you must understand the conditions of your judgment and sentence and the potential consequences of a probation violation. If you are facing allegations of violating the conditions of your judgment and sentence, an experienced criminal defense lawyer can help protect your rights and your future and minimize the consequences if you violate probation.

With an office conveniently located in Anacortes, the Campbell Law Firm represents people accused of crimes throughout Skagit, San Juan and Island Counties. Contact Washington criminal defense attorney Justin Campbell today to schedule a confidential appointment to discuss your situation and how he can help.

What Is a Probation Violation?

A probation violation occurs when a person violates the terms of their judgment and sentence.

When someone is convicted of a crime, the judge may suspend all or a portion of their jail sentence. The suspended portion of the sentence hangs over their head during a fixed term. The fixed term is the probationary period where the defendant is either monitored by the probation department (active probation) or by the court (inactive or court-monitored probation). Some jurisdictions define these terms differently but the active or inactive concept always works the same. If someone is on active probation, they must deal with the probation department. Inactive probation typically involves the court periodically checking if the defendant committed any new criminal law violations, or infractions that would violate the conditions of their judgment and sentence.

When a person is placed on probation, strict rules must be followed. This may include things a defendant must do, like checking in with their probation officer, and things a defendant is prohibited from doing, like consuming or possessing alcohol or drugs or being charged with another crime. If a person is ordered to obtain an evaluation and comply with recommended treatment, it is the person’s responsibility to make sure the probation department receives proof.

When a person breaks the rules of their probation, they can be charged with a probation violation.

What Are Common Probation Violations?

Common probation violations include:

• Missing a meeting with your probation officer
• Failing to complete court-ordered community service
• Not attending a court-ordered treatment program, like a substance abuse program, alcohol abuse program, or anger management
• Visiting people or places the judge told you to avoid
• Violating the terms of a protection order
• Failing a drug or alcohol test
• Committing another crime
• Driving without a valid license, insurance, or an ignition interlock device
• A positive reading on an alcohol detection device, or an allegation of tampering with such device
• Refusing a breath or blood test upon reasonable request of law enforcement

What Are the Consequences of a Probation Violation?

The consequences of a probation violation can vary depending on the nature of the violation and the severity of the underlying offense. Potential consequences of a probation violation include:

• Additional Conditions of Probation. If the judge determines you violated your probation, they could impose additional conditions of probation, such as house arrest, community service, additional monitoring, mandatory drug or alcohol testing, counseling sessions, or more.
• Extension of Active Probation. The judge could lengthen the term you are under the supervision of the probation department.
• Revocation of Probation. Revocation of probation means your probation is terminated and you will be required to serve a portion of the balance of your sentence in custody or on jail alternatives.

How to Defend Against a Probation Violation

If you were accused of violating probation, you should seek qualified legal representation immediately. Washington criminal defense attorney Justin Campbell can evaluate your situation, provide advice and legal guidance to help you move forward, and advocate on your behalf with the prosecutor and judge in court.

A probation violation hearing is very different from a criminal case. In a criminal case, a jury hears evidence and determines guilt. But in a probation violation hearing, the judge alone hears the evidence and decides the case. Additionally, the burden of proof is lower in a probation violation hearing. While the prosecutor in a criminal case must prove guilt beyond a reasonable doubt, in a probation violation hearing, they only need to prove their case by reasonably satisfying the court that a person violated their probation.

Sometimes, a defendant did violate the terms of their probation. In these situations, it is often best to acknowledge the probation violation, explain why it occurred, and show the judge the steps you have taken to prevent the violation from happening in the future.

Other times, allegations of a probation violation result from mistaken identity or a faulty drug or alcohol test. In these cases, you need an experienced defense attorney who can mount a vigorous defense and present evidence showing you did not violate your probation. Common defenses to allegations of a probation violation include:

• Unwillful Violation. If you did not intentionally violate the conditions of your probation, you could argue that the alleged violation resulted from circumstances beyond your control.
• Lack of Evidence. If the evidence of the alleged probation violation is weak or ambiguous, a skilled defense attorney can challenge the admissibility or sufficiency of the evidence.
• Substantial Compliance. Showing that you made significant efforts to comply with the conditions of your probation may be sufficient to avoid the harshest penalties for a probation violation.
• Violation of Your Rights. If evidence that you violated the conditions of your probation was obtained by violating your rights, Attorney Campbell can challenge the admissibility of the evidence.

How the Campbell Law Firm Can Help

If you were charged with a probation violation, having experienced legal representation is critical. The Campbell Law Firm can provide advice and legal guidance, protect your rights, and ensure you do not say something that could lead to exposure to additional criminal penalties. Attorney Campbell will analyze your situation and will work to minimize the likelihood of you being found to have committed a probation violation and help you avoid the harshest consequences of a probation sanction.

Contact the Campbell Law Firm Today

If you are accused of a probation violation in Skagit, Island, or San Juan Counties, the Campbell Law Firm can help. Call (360) 588-4111 or contact Justin Campbell today.