Probation Violations in Washington, DC

Not fulfilling probationary conditions can have serious consequences, including a revocation of your probation and lengthy jail or prison sentence. However, most people do not violate their probation intentionally. For example, a person might miss a check-in due to a family or medical emergency, or break curfew because they did not understand the complex terms of their probation.

If you have been accused of probation violations in Washington, DC, it is crucial that you contact a persistent attorney to defend you. It is ultimately up to the judge to determine the consequences of not following probation, so it is important to have a dedicated legal advisor to explain your circumstances.

Can an Officer Revoke my Probation?

Under DC court rules, a probation officer does not have the power to revoke a person’s probation. If a probation officer believes that a person has violated one or more of their probation conditions, they would notify the judge, who would then decide whether to schedule a hearing for more information about the allegation.

Revocation can only be determined by a judge if a person is found to have violated one or more of their probationary conditions and is no longer considered a good candidate for probation. However, judges are not required to revoke probation for any specific circumstances. They must make their decision on the alleged violation based on arguments by a person’s local defense attorney as well as the probation officer and prosecutor.

In the event that probation is revoked, the judge could re-sentence the person up to the maximum original sentence of their crime. This could mean serving the full prison or jail sentence that was imposed and suspended when the person was first placed on probation.

Reporting a Probation Violation in DC

If a probation officer believes that someone has violated one or more conditions of their probation, they will first write up an alleged violation report detailing their claims. The probation office will then submit that report to the judge. However, submitting a report does not automatically result in new criminal charges or a warrant for the person’s arrest. When a judge receives a report from the probation office, they will decide whether to schedule a hearing to address the alleged violations.

Show Cause Hearings

If the judge schedules a hearing, known as a show cause hearing, then they must send a notification to the DC probation office, the prosecutor’s office, the defendant’s last known address, and their defense lawyer. If a defendant does not show up at the hearing to address the allegation, then the judge may issue a bench warrant for their arrest.

If the defendant does show up, then the judge would hear from the probation officer, prosecutor, and defense lawyer to get more details about the alleged violation and decide how to respond. The judge would first have to determine if there enough proof of a probation violation. If the judge finds if there is enough evidence to believe that a person did not comply with the conditions of their probation, then a number of consequences could follow.

Potential Consequences of Probation Violations

Upon finding a probationary violation, the judge could simply give the defendant a verbal warning. In some situations, if a violation was isolated or accidental, the judge may decide that the case is not serious enough to take any adverse actions and could simply place the defendant back on probation. They could also change a person’s conditions of probation to increase their supervision, increase drug testing, require more programs, or otherwise require a stronger level of oversight to prevent future violations.

The most severe action the judge could take in response to a violation is to revoke probation. In this case, the judge would resentence the person, potentially up to their full original jail sentence. Because the stakes are so high, it is critical for a DC resident accused of probation violation to work with a skilled attorney who could provide a convincing explanation or defense to the judge.

Seek Strong Legal Defense for Probation Violations in Washington, DC

There are rules and laws that govern how a judge is supposed to handle alleged violations. If a probation officer is accusing you of violating your probation, reach out to a proactive attorney right away to defend your case. Our legal team is experienced in investigating and challenging accusations of probation violations in Washington, DC, so call today to discuss your situation.