Probation occurs at a judge’s sentencing hearing. If the judge requires it, probation will be ordered to be either supervised or unsupervised. You can also consent to probation as part of a plea agreement. If you did not agree to be on probation as part of a plea agreement or the judge did not sentence you to being on probation, then technically, you’re not on probation.In the vast majority of the cases you are typically on some type of probation.
Supervised probation is the one that people are typically familiar with. Under this type of probation you will be assigned a probation officer. Their job is to periodically check on you and make sure that you are complying with your probation requirements. If you violate your probation requirements, the probation officer, will submit a violation notice to the court. You will then most likely receive further punishments from the court for probation violation.
In unsupervised probation you will not have an assigned probation officer. Essentially nobody’s telling you what to do, you typically have no curfew, and you have more freedoms as long as you comply with the terms of your sentence. For instance, a judge may sentence you to pay fines and/or restitution to victim. You may also be required to complete rehabilitation classes or do community service. These would be the terms of your sentence and if a person failed to complete those terms, the court could be notified and they may issue an order to show cause.
Order To Show Cause
An order to show cause is essentially an order for someone to return to a court and explain to the court why the terms of a sentence were not met. If the court finds that you did not complete the terms of your sentence, the court may find you in violation of your probation and you may be faced with additional penalties, such as jail time.
Misdemeanor Violations usually Result In Unsupervised Probation
If you are convicted of a misdemeanor violation you’re most likely going to be on what’s called ‘unsupervised probation.’ So, you will likely have to pay a fine or attend some classes, things of that nature. If you stop paying your fine you are likely going to be issued an order to show cause and you have to go to court. The judge may then find you in violation and could add additional penalties, such as going to jail.
Retain Legal Counsel To Defend Probation Violations
In any of these cases, a probation violation entitles you have have an attorney. It is highly recommended that do not attend court without an attorney in these because of the possibility of additional punishments and jail time. In superior court, if you violate probation you can be ordered on supervised probation with your probation officer. You can also be placed on intensive probation, which is much more restrictive, or you can be on probation with compliance monitoring. All three of these are forms of probations. If you violate probation on a felony case, there is a high probability that you will be going to going to prison. The prison term depends on the level of felony that you were convicted of.
Probation Conditions and Terms
The most common conviction of supervised probation is to be a law-abiding citizen and not break the law. If you break the law on any type of probation and the court is notified, it could be an automatic violation. Getting a criminal speeding ticket is, technically, a misdemeanor crime that could be a violation.
Being a law-abiding citizen is the most common term. The other terms of probation that are very common are not to use drugs or alcohol. If the crime you were convicted of involved a victim, it could also mandate that you have no contact with the victim. If you have contact with the victim, it would be probation violation. There may also be other terms that are customized by your probation officer.
Depending on the type of offense, your probation officer may require you to attend classes. If your sentence involves a DUI, then you might have to attend alcohol abuse classes or substance abuse classes. If the offense involved domestic violence, you may have to attend a domestic violence treatment program. If the crime that you committed involved an action where there were mental health issues, then you could be put on mental health terms.
For people who commit felonies that involve fraud or embezzlement, you could be put on white-collar probation terms. There are different types of terms you could be put on depending on the offense that you committed.
White-collar offenses are usually classified as fraud, embezzlement, and identity theft. Someone committing those crimes could be put on white-collar probation terms. White-collar terms could be very severe, for example, if you get a job while you’re on probation, 10% of your income from your job could be used by the courts to automatically pay back victims of your crime.
Also, on white-collar terms, you would have to notify every employer that you work with that you been convicted of a crime that involved your employment, for example, taking money from the business, or fraud.
White-collar terms that you would have to comply with would be up to your probations officer and you’d have to abide by them.
Intensive probation is a situation that’s much more restrictive. Your probation officer is going to create a situation where you’ll probably have a curfew. You could also have constant GPS monitoring, drugs tests, or attend. Intensive probation is much tougher than the regular supervised probation.