What happens if I violate probation in the US?
The probation officer can respond with a warning or file a violation report leading to a hearing. At the hearing a judge decides, by a preponderance of the evidence, whether you violated. Consequences range from continued probation with a warning to added conditions, extended probation, jail, or full revocation and imposition of the suspended sentence.
What is the difference between a technical and a new-crime violation?
A technical violation is breaking a rule of supervision (missing a meeting, failing a drug test, leaving the jurisdiction). A new-crime violation is being arrested for a new offence. New-crime violations are treated much more seriously, often triggering revocation and a separate prosecution. Many states now cap jail time for technical violations.
What standard of proof applies at a violation hearing?
A probation violation need only be proven by a preponderance of the evidence (more likely than not), not beyond a reasonable doubt. Defendants have limited due-process rights at these hearings, including notice and the chance to be heard, but the burden on the state is lower than at a criminal trial.
What is the suspended sentence I could face?
When probation is imposed, a judge often suspends an underlying jail or prison sentence. If probation is revoked, the court can impose some or all of that suspended term. Knowing your suspended sentence is important because it is your maximum back-end exposure if you are revoked.