A probation violation occurs when a defendant is on probation and either gets charged with a new crime or commits a techinical violation.  Examples of technical violations include failed drug tests, not reporting to the probation officer on time, moving to a new home without notifying the probation officer, not attending classes, etc.

When the violation occurs, the probation officer files a Probation Affidavit in court.  A warrant is then issued for the defendant's arrest of the defendant and once arrested the person will stay in jail. 

When you are on felony probation and violate proabtion, you are almost always arrested and given NO bond. Sometimes, if your violation is a technical violation the Judge will issue a warrant with a bond attached, but it is rare.  Probation violation cases are different because the state only has to prove that the violation occurred by a preponderance of the evidence (very easy to do) and the Judge will then re-sentence the person on the original underlying case.

For example,  if you are sentenced to probation on a third degree felony you are facing five years in prison.  If you get a 1 year probation sentence but you violate probation the judge can sentence you to the entire five year prison sentence once the state proves that you wilfully violated proabtion.

In probation violation cases, the state does not have to prove this to a jury, just a hearing in front of the Judge who then determines the sentence.   If the violation was a minor violation, it is possible that probation could be reinstated or the defendant may get a stricter form of probation. In cases where there is a new crime committed, the person usually serves some time for the underlying crime if the state is able to prove their case.

If you or a loved one is facing a violation of probation you need to contact me ASAP so that we may speak to the probation officer and the prosecutor to try to get you  or the person back on probation and avoid jail time.