Probation Violations: What Triggers Them, Possible Consequences, and How to Defend Yourself

Probation offers offenders a chance to serve their sentence in the community as opposed to behind bars. It does, however, come with strict conditions. In Delaware, a probation violation can easily lead to major consequences, including prison time. Understanding what counts as a violation, what happens next, and how to defend yourself can make all the difference between continuing on probation and serving your sentence behind bars.

Understanding probation in Delaware

Probation is provided as an alternative to incarceration. It allows an offender to remain in the community under supervision. In exchange, the offender must comply with court-ordered rules. These include:

• Reporting regularly to a probation officer
• Obeying all laws and avoiding new arrests
• Attending school or maintaining employment
• Submitting to drug or alcohol testing
• Avoiding certain people or locations
• Paying fines, fees, or restitution

Even though probation is less restrictive than prison, it is not lenient. Small missteps can trigger a violation.

Common probation violations in Delaware

Probation violations fall into two main categories:

• Technical violations – These occur when an offender fails to meet the conditions of probation without committing another crime. Examples include missing an appointment with your probation officer, failing a drug or alcohol test, skipping community service or counseling sessions, and traveling without permission.

• Substantive violations – These involve the direct commission of a new crime while you’re on probation. Even a minor offense (such as disorderly conduct) can count as a substantive violation.

Both types of violation are taken seriously. The court has wide discretion in terms of responding.

What are the potential consequences of a probation violation?

If a probation officer believes that the offender has committed a new violation, they can file a report with the court. This would trigger a violation hearing, in which the judge decides whether a violation took place and what the penalty for that violation should be.

Consequences include:

• Warnings or stricter conditions (such as curfews or increased reporting requirements)
• Extended probation terms
• Mandatory counseling or treatment programs
• Short periods of incarceration (often referred to as “shock time”
• Revocation of probation and the imposition of the original prison sentence

The outcome, in these cases, depends on factors like the severity of the violation, whether this was a first offense, and the offender’s overall compliance record.

Defending against a probation violation

Just because you are accused of violating probation, it doesn’t mean you are automatically guilty. You have the right to representation by an attorney. You can present evidence in your defense. Common defense strategies include:

• Showing the violation was unintentional or due to circumstances beyond your control
• Demonstrating substantial compliance with the majority of probation terms
• Presenting proof of rehabilitation, such as treatment, employment, or family responsibilities
• Challenging the accuracy of alleged violations (such as faulty drug tests)

The experienced criminal defense lawyers at the Law Office of Michael W. Modica can negotiate on your behalf and argue for alternatives other than incarceration.

Talk to a Wilmington, DE, Probation Attorney

Michael W. Modica represents the interests of individuals who have found themselves on probation. Call our Wilmington criminal defense lawyers today to schedule an appointment, and we can begin discussing your defense right away.