Probation and parole represent a critical second chance—an opportunity to return to the community and build a stable life after being convicted of a crime. For those under supervision, this path to rehabilitation is paved with strict conditions. A misstep, no matter how minor it seems, can lead to a violation, potentially resulting in re-incarceration and a devastating setback.
For anyone under community supervision, understanding the rules, the risks, and the legal process that follows an alleged violation is essential to protecting your freedom.
What are the Most Common Types of Violations?
Probation (a court-ordered sentence instead of jail time) and parole (conditional release from prison) both come with a list of rules that govern a person’s life. These violations generally fall into two distinct and serious categories:
1. Technical Violations
These are non-criminal infractions where you fail to follow a specific rule of your supervision. They may seem minor, but they are taken seriously by the courts and parole boards. Common examples include:
- Failing to report for a scheduled meeting with your Probation or Parole Officer (P.O.).
- Missing a court-ordered therapy, counseling, or rehabilitation session.
- Failing a drug or alcohol test, even if you were not arrested for a new crime.
- Violating curfew or travel restrictions, such as leaving the county or state without prior permission.
- Failing to maintain employment, attend school, or pay court-ordered fines or restitution.
2. Substantive Violations
This is the most serious type of violation, involving the commission of a new crime, whether a felony or a misdemeanor. Being arrested or charged with a new crime, such as theft, assault, or a new drug offense, constitutes a substantive violation and demonstrates a profound disregard for the terms of your release.
It is crucial to know that even a single technical violation—like missing one scheduled appointment—can be enough to trigger the legal process for revocation.
The Legal Process Following an Alleged Violation
If your P.O. suspects a violation, they will typically file a formal report with the court or parole board. This usually results in a warrant (sometimes called a “Blue Warrant”) being issued for your immediate arrest.
Arrest and Detention: You may be immediately arrested and held in custody without bond until a hearing is scheduled. This period of detention can last for an extended time, which highlights the immediate and disruptive nature of an allegation.
The Revocation Hearing: This hearing is your opportunity to defend yourself, but the rules are stacked against you compared to a criminal trial. You have no right to a jury; the hearing is conducted before a judge or a parole board official. Most importantly, the state only needs to prove the violation by a preponderance of the evidence—meaning it’s “more likely than not” that you committed the violation. This much lower burden of proof makes the hearing a formidable legal challenge where the odds are often in the prosecution’s favor.
Potential Consequences: The Loss of Your Second Chance
If the judge or board finds that a violation occurred, the consequences can be severe and dramatically affect your life:
- Reinstatement with Modified Conditions: For minor, first-time technical violations, the judge may show leniency by extending your supervision, imposing stricter rules (like an earlier curfew or electronic monitoring), or ordering mandatory treatment.
- Short-Term Incarceration: The judge may impose a brief period of jail time (sometimes called “flash incarceration”) as a shock sanction to reinforce compliance, followed by reinstatement of your supervision.
- Revocation and Re-Incarceration: This is the most serious outcome. The court or parole board revokes your community release and orders you to serve the entire suspended sentence (for probation) or the remainder of your original prison sentence (for parole). Your second chance is abruptly ended, and you are sent back to prison.
How to Fight a Violation and Protect Your Freedom
Facing a violation charge alone is extremely risky. Your best defense is a proactive and strategic legal approach with an experienced attorney.
- Immediate Legal Counsel: Contact a probation violation lawyer or parole violation lawyer immediately upon arrest or learning of an allegation. Your attorney can work to argue for a reasonable bond and begin preparing your defense.
- Challenge the Allegation: Your lawyer will meticulously examine all evidence presented by the P.O., challenging the accuracy of a failed drug test, presenting documentation to excuse a missed appointment, or investigating the underlying facts of a new criminal charge.
- Present Mitigation and Compliance: If the violation is undeniable, your lawyer will pivot to a strategy of mitigation. They will present evidence to the judge or board that shows you are committed to rehabilitation, such as documentation of compliance before and after the violation, positive witness testimony from employers, or proof of voluntary enrollment in treatment or counseling programs.
- Argue for Alternatives: The ultimate goal is to avoid revocation. Your lawyer will argue that the violation was an isolated mistake, not a pattern of criminal behavior, and advocate for alternative sanctions like increased supervision or residential treatment instead of a return to prison.
The journey toward a second chance is challenging, and setbacks can occur. Do not let an alleged violation derail your progress. Consult a specialized attorney. The decision between freedom and re-incarceration may rest entirely on your ability to present a competent and compelling defense at the violation hearing.
Sources
- U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance on Reentry
- Criminal Law Center, Justia: Violating Probation & Potential Legal Consequences
- Morrissey v. Brewer, 408 U.S. 471 (1972) (Governing due process rights at parole revocation hearings)
- Gagnon v. Scarpelli, 411 U.S. 778 (1973) (Extending due process rights to probation revocation hearings)
