There are two types of probation violations: substantive violations and technical violations.
Substantive violations are also known as new law violations. These occur when you are on probation and you commit a new crime. These are the most serious.
When there is an allegation that you committed a new crime, the state will have to prove that you committed the offense. But at a violation of probation hearing, the state only needs to prove that you committed the crime by a preponderance of the evidence. This is a much lower standard than beyond a reasonable doubt.
Technical violations are violations that occur when you fail to comply with a condition of your probation. The most common is failing to make your scheduled probation appointment, changing address without permission or failing to pay fees or court costs.
In order to prove a technical violation, the state must show that the violation was “willful.” That is, you meant to do it. For example: if you just don’t show up for your probation appointment because you don’t feel like going, it is a willful violation. If you wanted to go but your car broke down, it may not be. If you are unemployed and have no money, it is not a willful violation that you didn’t pay. But if you work 50+ hours a week an make $20 an hour and you don’t pay, it may be a violation.
No matter what type of violation, if you are found guilty of violating your probation, you can receive any sentence that you may have received the first time less any time served. This can include reinstatement of your probation or jail. To make sure you get the best possible deal you need to make sure you hire an attorney experienced in violation of probation representation.
Posted in: Violation of Probation