To put it simply, a probation violation occurs when a person fails to fully comply with one or more of the requirements or conditions in their probation order. When the alleged violation is reported to the court, the court may direct the filing of a Violation of Probation or Petition to Revoke (VOP or PTR). The Department of Probation then must be able to demonstrate to a judge by a preponderance of the evidence that a probation condition was violated. The violation may have been administrative in nature, that is, it was a technical violation such as a failure to make a report that is alleged. The alleged violation may also go to the core of the probation terms such as repeating the criminal act or being arrested for other criminal conduct.

Both types of violations can result in the revocation of probation and the imposition of a new sentence that could include jail time.

Accepting the terms of a probation order means that you have accepted a limitation to your freedom in exchange for avoiding serving a jail or prison sentence.  However, as discussed above, the failure to submit to any part of your order can lead to a probation violation. Unfortunately, the most common reason for probation violations is that the person is charged with committing a misdemeanor or felony while on probation.

Some of the more common reasons I see which trigger a Violation of Probation in New York are:

• Failure to submit to or testing positive in a court mandated drug or alcohol testing
• Altering or diluting the sample to conceal drug or alcohol use

• Failure to attend or complete court-ordered treatment
• Failure to complete community service
• Failure to contact or meet with your probation officer
• Failure to pay court-ordered restitution
• Violating travel restrictions
• Curfew violations
• Failure to report an address change
• Visiting prohibited people or places

A probation violation can clearly occur under a number of circumstances by a probationer who is simply careless. Because of the wide variety of circumstances, it is important that an attorney reviews the specific violations being alleged. Its shocking the  great deal of discretion and freedom a Judge has in violation hearings, and the Judge’s decision may be difficult to appeal after the fact. An experienced attorney can put together a compelling defense and improve your chance of avoiding harsh consequences.