In speaking with potential client’s who have been a pending Probation Violation, I am often asked why they need an attorney when their probation violation is just a “technical violation”? When a client refers to a violation as just “technical”, that implies it’s nothing serious. Nothing could be further from the truth. Most people don’t realize that a probation violation can, and often will result in some type of additional penalty – whether just more court costs, more community service, or jail time.
Probation Violations are referred to as either Technical or Substantive by the Courts. What’s the difference? A Technical Violation is an allegation that the probationer didn’t comply with one or more of the terms of probation. That includes missed probation appointments, behind on monetary obligations, dirty urine tests, or failure to complete a counseling program. A Substantive Violation is the allegation that the probationer has committed a new crime while on probation or community control.
When someone is placed on probation, the sentencing judge will ask if they are aware of the maximum punishment for the charge. They ask that for a reason. The Judge knows the offender faces the original penalty that they did when they were first placed on probation. For example if a person is on probation for a Misdemeanor, such as Domestic Battery, if there is a violation, they are still subject to a year in county jail if they were charged with a misdemeanor. Or if they are sentenced to probation for Sale of Cocaine, they are still facing up to 15 years in prison, technical violation or not.
A person on probation for a felony charge can still be sentenced to prison for a dirty urine, for missing appointments, or dropping out of a counseling program. That is why when someone says “It’s just a Technical Violation”, I often cringe. So many people believe that Technical Violations are harmless. Remember this please: Whenever you have to appear in front of a Judge who has the authority to send you to jail, the risk is NEVER harmless, it’s just a great outcome that can be harmless.
