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Understanding Probation Violations and How to Defend Against Them

Writer's picture: Brianna C. Repetto, Esq.Brianna C. Repetto, Esq.

Probation is a common alternative to incarceration, offering individuals the opportunity to reintegrate into society while adhering to specific court-ordered conditions. However, probation comes with responsibilities, and violating its terms can lead to serious legal consequences. In this blog, we’ll explore what constitutes a probation violation, the potential penalties, and effective defense strategies to protect your rights.


Probation Violation

What Is Probation?


Probation is a court-ordered period of supervision that allows individuals convicted of or sentenced to a crime to avoid jail time under specific conditions. These conditions may include:

  • Regular check-ins with a probation officer

  • Abstaining from drug or alcohol use

  • Attending counseling or rehabilitation programs

  • Paying fines, restitution, or court costs

  • Avoiding further criminal activity


Failure to comply with any of these terms can result in a probation violation.



Common Types of Probation Violations


Probation violations can be either technical or substantive:


  1. Technical Violations:

    • Missing a meeting with your probation officer

    • Failing to pay fines or restitution

    • Not completing court-ordered programs

    • Etc.


  2. Substantive Violations:

    • Committing a new crime while on probation

    • Associating with known criminals

    • Possessing illegal substances or firearms

    • Etc.



Consequences of Probation Violations


The penalties for violating probation vary depending on the severity of the violation and the discretion of the court. Potential consequences include:

  • Warning: For minor infractions, the probation officer may issue a warning.

  • Extended Probation: The court may lengthen the probation period.

  • Revocation: The court may revoke probation and impose all, some, or none of the time left on the defendant’s original sentence.

  • Fines: Additional financial penalties may be assessed.



How Probation Violations Are Determined


When a probation officer suspects a violation, they may file a “Violation of Probation” or 32(f) report. This report is submitted to the court, and a hearing is scheduled to determine whether a violation occurred.

The Court cannot revoke probation or suspension of sentence until the filing of the 32(f) report and until a hearing has been held. The defendant may be admitted to bail pending such hearing. 

At the hearing:

  • The prosecution must prove the violation by a “preponderance of the evidence,” a lower standard than “beyond a reasonable doubt.”

  • The defense has the right to present evidence and witnesses in their defense.



Defending Against Probation Violations


If you’re accused of violating probation, a strong defense is essential. Here are some common strategies, though not exhaustive:


  1. Challenge the Evidence:

    • Discredit unreliable or insufficient evidence presented by the prosecution.

    • Prove the alleged violation did not occur.


  2. Demonstrate Compliance:

    Show evidence of efforts to comply with probation terms, such as receipts for payments or proof of program attendance.


  3. Present Mitigating Circumstances:

    Explain why the violation occurred (e.g., medical emergencies, lack of transportation) and demonstrate that it was not intentional.


  4. Negotiate Alternative Penalties:

    Request a modification of probation terms rather than revocation, such as additional counseling or community service.



Why You Need an Experienced Attorney


Defending against a probation violation requires in-depth knowledge of the law and the ability to present a compelling case. An experienced criminal defense attorney can:


  • Advocate on your behalf during the 32(f) hearing

  • Negotiate with probation officers and prosecutors

  • Develop a tailored defense strategy to minimize penalties



Key Takeaways


Probation violations can have serious consequences, but with the right legal representation, you can protect your rights and seek a favorable outcome. If you’re facing a probation violation in Rhode Island, contact Repetto Law LLC for expert guidance and defense. We’re here to help you navigate the complexities of the legal system and fight for your future.


Need help with a probation violation?


Don’t wait. Contact Repetto Law LLC at (401)336-6780 today for a consultation and let us advocate for your rights. Your future is worth defending.


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© 2023 Repetto Law, LLC. 

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