Oftentimes, especially for first time criminal offender, jail is foregone and probation is the alternative that offenders will have. Probation is a substitute for going to jail in which a person is monitored by the court system through a probation officer. Failure to comply with the conditions of your release is a violation of probation. Being charged with a new crime while on probation is also a violation of probation and can result in the probation being rescinded. On this page, you can learn more about types of violations and what they might mean for you.
Types of Violations
There are two main types of violations of probation which can be triggered by being charged with a new crime or violating other conditions of release. The two categories of violation are technical violations and substantive violations.
Technical violations occur when you do not meet the conditions of your release onto probation that have been ordered by a judge. This might include failing a drug test, having weapons in your possession, failing to meet with your probation officer, trying to leave the state, failing to adhere to your curfew, communicating with known criminals, contacting a victim in your case, and more.
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If you are found in violation of your probation on a technical violation, the conditions of your probation might be modified to encourage you to follow the rules. However, in more serious situations, the court may determine that you cannot handle being on probation due to the violation(s) that you have committed. In this case, you may have a Violation of Probation Hearing in which you need to prove that you deserve to stay on probation and that you will follow the rules. If the court finds that this is unlikely, your probation may be revoked and you will have to serve the remainder of your jail sentence in jail.
The other type of probation violation is a substantive violation. This is the instance where you have been charged with a new crime while on probation, such as a DUI. Any crime that is unrelated to the original crime you committed is considered a new crime by the court and is a violation of your probation. You can be charged by the state and face a new criminal process. You will also face the penalties for violating the probation from your original case. Once again, this can lead to losing your probation and having to serve jail time, both for the original crime, and potentially for the new crime if you are convicted of that as well.
If the court has granted you probation for a Connecticut DUI, you should do your best to follow the rules that they set. This means complying with conditions of release and avoiding any new criminal. charges. Failure to do this can mean that your privilege of being on probation is revoked and you need to serve an incarceration sentence.
If you find yourself in this situation, it is best to contact a criminal defense lawyer for help. A lawyer can represent you at the Violation of Probation Hearing and defend against the accusations that you face. For additional help, contact our office. We are happy to guide you through this process.