Have you ever wondered what could happen when someone on probation gets arrested? If so this guide will explain what you or the person you’re inquiring about could face if arrested on probation. Let’s get started.
When someone gets picked up on a new charge and subsequently arrested while on probation that person probation officer will then file a violation or affidavit with a judge that will explain in detail the reasons he or she believes you committed a violation. A warrant from the court will then be issued for that person.
Probation has conditions
Depending on what state you are in probation comes with conditions that must be met during the time of probation. These are some standard conditions.
Standard conditions:
- Reporting to the probation officer
- Paying restitution
- Paying court cost
- Having a job
- Not having possession of a firearm
- Not leaving the county or state
Special conditions:
- Going to drug treatment
- Going to alcohol treatment
- Drug testing
- Community service
- Anger management classes
Getting arrested while on probation may fall under two violations
Again, depending on where the person is located there could be two different probation violations.
Substantive violation: This means that the person has violated the law while still on probation. In Florida, for example, the Florida Department of Corrections could take the stance that it is not necessary to prove a conviction that the person violated probation.
Technical violation: This happens when someone breaks either the special or standard conditions that we talked about above. For example, you fail to report to your probation officer can lead to that person being arrested.
Failing a drug test while on probation
As we stated above under the conditions that a person on probation usually consists of staying sober. With that said it is not automatic that if you fail a drug test the first time you will be arrested. There are times when a warning happens by the probation officer. This may not hold true in every state but it does happen.
While there could be harsh condolences for violating probation for drug or alcohol use there are times when a warning will be issued. If this is the first violation it may involve a warning. Now, if the person is caught trafficking or distributing drugs it will probably be prison immediately.
How long do you have to go to jail for a probation violation?
Again this will depend on the violation. There will be a big difference in failing a drug test or trafficking drugs. There are typically four steps to the violation of the probation process they are:
- First Arrest
- Appearance and Bond
- Violation of Probation Hearing
- Sentencing
There are in-depth writings on the above but this section will concentrate more on the sentencing phase. During sentencing, there could be a few possibilities if found guilty of probation violation.
For one the person could be sentenced to any punishment that they could have received originally before probation. This could mean prison time. So this also means that if you could only receive probation then you must get probation. The possible outcomes for violation could be:
- Time Served
- New Probation Sentence
- Reinstatement
- Prison or Jail time
The importance of hiring a criminal defense attorney
If you or someone on probation gets arrested they should seek the help of a skilled defense attorney to help navigate the court system. Hiring someone with the skill and knowledge can make the difference between additional consequences. An attorney will help with understanding legal consequences and make the difference if you charged with a felony or misdemeanor.
