Probation Violations
It is not a crime to violate the terms of a probation order, but it gets treated as if it were a crime. Probation may sound great compared to serving time in jail or prison; however, there can be big trouble if you do not obey the terms the judge imposed. A probation violation can occur when a person on probation misses a meeting, fails a drug test, doesn’t complete required programs, or is accused of a new offense. If a judge finds that there is a violation, they can impose new probation conditions, extend the length of the probation, or even revoke probation entirely, and impose whatever sentence the law allows for the convicted offense.
The comments that follow all discuss Massachusetts law, as it is applied in Massachusetts courts. These comments do not apply to criminal cases in federal courts, or to cases in any state other than Massachusetts. None of these general comments are legal advice for a specific situation. Any time you are charged with a crime, or have questions as to what the law says, the best course of action is to talk to a lawyer about your particular circumstances.
What do they have to prove in order to show that you violated your probation?
So long as you didn’t do exactly what the judge ordered for your probation, whether in a big way or a little way, you can be found in violation. Some examples of violating probation include getting charged with a new crime, failing to complete a substance-abuse program, or failing to keep the probation office informed of your current address.
Will you go to jail if you violated your probation?
Possibly. If you are on probation because you got convicted of a crime, or because you took a plea, then a judge who finds a violation can impose whatever jail sentence the law allows for the convicted offense. However, he or she does not have to send you to jail. The defendant can always present evidence and make arguments to show that some alternative outcome (for example, getting treatment for substance abuse) is more appropriate than going to jail.
What if they claim you violated probation by getting charged with a new crime, but you are innocent of that charge?
That might help, but not necessarily. Unlike a criminal trial, where the prosecutor has to prove guilt beyond a reasonable doubt, when a probation officer alleges that you violated your probation, they have to prove it only by a “preponderance of the evidence.” That means they need only prove that it is more likely than not that you failed to comply with the terms of your probation. A judge who reads a new police report, and concludes that it looks like you committed a new crime, can find a violation of probation even if you claim you are innocent.
What if you violated probation but nobody got hurt?
Failing to comply with any term of probation is a violation, whether someone got hurt or not. If you can show that no one got hurt, that might help persuade the judge to not send you to jail. However, it is not likely that a judge will decline to find a violation only because you didn’t hurt anyone.
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