5 Common Reasons for Probation Revocation
After you plead guilty or are convicted of a crime, one alternative to being sent to jail is probation. Probation is a type of supervised release that lets a convicted individual serve their sentence in the community under specific conditions instead of in prison. While probation is a much better option than being sent to prison, it comes with strict rules that must be followed. Failure to adhere to the set rules can lead to the revocation of your probation, resulting in you being sent to jail. It is vital for probationers to understand the common reasons for probation revocation. That way, they can avoid common pitfalls. Below, we share five of the common reasons for probation revocation.
- Committing a New Crime
One of the major conditions of probation is that you cannot commit another crime while on probation. Committing a new offense while on probation can result in probation revocation. Sometimes, even a minor criminal offense can lead to probation revocation.
- Not Reporting to Your Probation Officer
When on probation, you are required to report to your probation officer regularly. You may be required to meet with your probation officer in person or report to them via phone or online. Often, probationers are required to report to their probation officer in person. The requirement to report to your probation officer is meant to ensure you are complying with all the terms and conditions of your probation. If you fail to report to your probation officer, that is considered a probation violation and could result in your probation being revoked.
- Failure To Pay Fines, Court Costs, and Restitution
People placed on probation may be required to pay monetary fines, court costs, and restitution. It is crucial that you pay what you have been instructed to pay. Failure to pay fines, court fees, or restitution may be considered a violation of your probation. It may result in your probation being revoked. The court understands that a person may face financial difficulties. However, you are expected to make a good-faith effort to meet your financial obligations. If you have a genuine reason for not being able to make payments, such as a medical issue or disability, you need to request a probation modification from the court.
- Having Positive Results for Alcohol or Drugs
Often, one of the probation requirements is that a probationer refrains from taking alcohol or drugs, especially for people convicted of a drug or alcohol offense. Testing positive for alcohol or drugs when one of the conditions of your probation is to stay alcohol and drug-free can result in the revocation of your probation.
- Failure To Complete a Court-Ordered Program
As part of your probation, you may be required to complete a particular program, such as a substance abuse treatment program, educational program, or anger management program. Failing to complete a court-ordered program can be seen as a lack of effort to rehabilitate, which can lead to probation revocation.
Contact an NYC Criminal Attorney
Probation laws differ from one state to another. It is vital to consult a local attorney experienced with the relevant law. If you are a probationer in New York and have questions or need legal help, contact our NYC criminal attorney, Mark I. Cohen.
