Probation violations have significant consequences in Ohio. Depending on the exact circumstances, a violation may mean anything from a warning to an arrest. If you are arrested for a probation violation, you will need to attend a revocation hearing with the judge who determined your original sentence. This judge can then decide if you continue your probation on increased conditions, or revoke the order and send you to prison. This situation is undeniably a stressful one, so you should reach out to a skilled criminal defense attorney at the soonest opportunity. 

Possible Outcomes of an Ohio Probation Violation Hearing

Probation is essentially an agreement made between you and a judge. By agreeing to live according to the probation’s conditions, your prison sentence will be suspended and you can live with your loved ones at home instead. By breaking this agreement, the judge has grounds to revoke the probation and transfer you to prison depending on the cause of the arrest.

The hearing is an opportunity to seek a reduced sentencing for your violation. As your attorneys, our goal is to represent your case according to how you are behaving as a law-abiding citizen. This is more difficult for individuals who are on probation due to new criminal charges, but if your charges are minor, it’s possible to use this approach. If you accidentally violated your probation, keep documentation describing how it was unintentional, such as if you were provided an incorrect date for the meeting with your probation officer. 

How Does a Probation Violation Happen?

Probation violations commonly occur due to two main reasons. 

  • Technical Violations. If you do not comply with all of the guidelines of your probation, you have committed a technical violation. You do not have to break any law for a technical violation, since this type of violation includes not paying required fines, failing to complete community service or missing a check-in with a probation officer. Typically, a probation agreement is created with an individual’s unique needs in mind, so a review is often necessary to determine if you truly violated probation. 
  • Criminal Violations. These kinds of probation violations are treated much more seriously than a technical violation. Probation is granted instead of jail time with the intention that the offender rehabilitates and does not commit further criminal activity. If you commit a crime during your probation, you have violated the judge’s agreement. Even if the charges are different from the original crime, the judge may be more likely to view you as someone who continues to break the law, therefore revoking your probation.

Given the different natures of these violations, the consequences of each often differ. A lawyer can help you better understand what this means for your case. 

Contact the Comunale Law Office for Advice

Probation violation is a serious matter that puts your rights at risk. If you believe you may have violated your probation, whether intentionally or accidentally, contact a Dayton criminal defense attorney at the soonest opportunity. The Comunale Law Office is prepared to review your case and provide the guidance you need.