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There are two types of probation violations: technical violations and substantive violations. Understanding the difference between them is helpful in fighting any criminal charges arising out of a violation.
Probation Violation Penalties A person serving probation for a first-degree misdemeanor who violates probation can be sentenced to jail for up to 1 year and fined $1,000. The sentence can be imposed whether the violation occurred on the first day of probation or the last day of probation.
908.11 Violation of probation. A probation officer or the judicial district department of correctional services having probable cause to believe that any person released on probation has violated the conditions of probation shall proceed by arrest or summons as in the case of a parole violation.
If a party is found in violation of his/her probation contract, then the judge may: reinstate the probation on the same terms and conditions, modify the conditions of probation with new, stricter terms, or. revoke the probation and place the person in custody.
The court may consider only evidence that is relevant to the violation alleged, but it need not apply the rules of evidence except those pertaining to privileges.
Committing another crime while on probation or supervised release is among the most serious probation violations. Catching new charges is one of the most likely ways to land back in prison while on probation.
Committing a New Offense New criminal charges that result in criminal conviction during your probation period will mostly result in the judge revoking the initial probation. Not committing a new crime is among the major conditions of probation.
The court can then issue a warrant for your arrest based on those allegations that you violated your probation. In many cases, the warrant has a ?no bond? provision meaning that you cannot immediately bond out of jail.