Probation Terms

• Probation personnel monitor offenders during this time period, usually between six months and a year. Qualifying offenses include domestic violence, theft, fraud and drinking and driving. The probation officer schedules reporting dates with the offender, which the individual must keep. The probationer must complete any court-ordered treatment such as mental health, drug or alcohol counseling. She must also attend any diversion courses such as shoplifting classes. She may be required to take advantage of employment services and vocational training. She must complete community service hours and pay all court-mandated fees, including restitution to victims and any fines.
  
  

Technical Violations

• Technical violations mean the offender has violated one of his probation terms, such as failing to pay court fees or failing to attend counseling. While the courts can revoke probation for even the slightest technical violation, usually probation personnel look for ways to help an individual successfully complete his probation term. Sometimes, the courts will allege several technical violations on one petition to revoke probation. The courts only need to prove these charges based on a majority of evidence and not beyond a reasonable doubt.
  
  

New Charges

• If a probationer commits a new offense, sometimes called substantive violations, while under community supervision, she faces two possible penalties. The first is for the original offense and the second is for the new offense. Even if she is not found guilty of the new offense, certain circumstances may result in additional technical violations, for example the presence of weapons, alcohol or drugs. These charges are more serious than technical violations.
  
  

Possible Penalties

• Probation violations carry a possible range of penalties. In rare cases, the courts may simply choose to reinstate probation. Much more commonly, the courts add greater punitive sanctions. These might include additional counseling, a longer probation term or more frequent contact with the probation officer. Finally, the courts can direct the offender to spend the maximum amount of time available by law in custody. The courts do not credit the offender with any of the probation period.