View Full Version : Violation of Probation: Examples?


Curegirl80
01-22-2010, 09:36 PM
My guy isn't out yet but once he gets out, he will have 3 years probation. I keep reading about those who have "violated their probation." Can you all give me some examples... what can we expect him to do/not do so he doesn't violate his probation once he gets out?

I would just like to have an idea so *I* am mentally prepared.

Thanks in advance. :)

determined823
01-22-2010, 09:43 PM
not pay fines, move and not give po the new address, fail a drug test, committ any other crime

Curegirl80
01-22-2010, 09:51 PM
That helps, thanks! :D

willswifey715
01-22-2010, 10:36 PM
not pay fines, move and not give po the new address, fail a drug test, committ any other crime

Along with the above mentioned, sometimes drinking can even be considered a violation. I know around here to get into the bars they swipe your ID at a lot of places and if it comes back sayin your on probation they won't even let you in the bar.

chelseagreg1427
01-22-2010, 11:47 PM
having a pipe in your pocket when you're pulled over like mine.

failing drug tests, having weapons, sometimes drinking, having anything illegal in your house or car(they can search you anytime, anywhere, no matter what.), not showing up to meet with his PO, not registering if the person is a SO, etc. Tell him to ask his PO.

J&D7
01-22-2010, 11:56 PM
Everyone's parole conditions will be different, so definitely just check with your PO when the time comes. Best to know about ALL the requirements!! Because they will throw you back in the first chance they get.

noboundries
01-23-2010, 12:01 AM
...dont forget not showing up for appointments, attending treatment classes (if need be)

Lorraine
01-23-2010, 12:16 AM
Associating with other felons and, not having guns on you, but just being in the same house as a gun can violate you also.

neccomamma
01-23-2010, 12:56 AM
Just to clarify something, probation officers CAN NOT search your house or vehicle at any time, they still have to have probable cause to search. They can come to your house at any time, they can walk around your house but not unescorted. They cannot enter your home if you are not there UNLESS they are doing a scheduled (initial, annual, weekly etc.) inspection. They can not enter the home if no adult is home. They can not open drawers/doors without permission. Now if you don't give them permission they can violate you and it can be considered probable cause lol:D Generally probation officers do not have arrest authority unless they are also "peace officers". Parole officers are also peace officers and so have arrest authority and they CAN search without cause.

There are two different types of violations, direct and technical. Each state is different and he will receive instructions from his PO. Rack up enough technical violations and they can put you back in front of a judge and you can face jail time. Direct violations ALWAYS involve jail time. What is considered a direct violation also varies state by state. For instance here in Alabama failure to pay fines is a technical violation. Don't pay it enough times and you may be back inside.

Here's a big one that goes along with failure to notify of change of residence, going out of bounds. Sometimes the bounds are limited to a particular jurisdiction or state. Also this one, notification of contact with law enforcement. I was contacted by a CID agent as a witness (I wasn't in trouble) and had to notify my PO. My daughter ran away from her dad and an investigator called to see if I had any information on her (contact number friends number etc), I failed to notify my PO and got a technical violation, I got a failure to wear seat belt ticket and notified my PO, she chose not to give me a technical violation. The PO chooses when to violate and when not to. Some are laid back and easy to deal with, others are a stickler for the rules.

Also on the guns (a direct violation) "I didn't know it was there" or it's not mine" is not an excuse. I have friend that I ride with sometimes, he has a permit to carry but when I get in the car the gun has to go OUT.

I HATE PROBATION:blah:

Daywalker
01-23-2010, 02:21 AM
Leaving the state without permission, even it staying means you will be homeless on the streets. For some offenders, leaving the city, or the county without a travel pass is a violation.

Not paying your money to the DOC for every month you're on paper.

Having a "hot" urine test if you have drug related charges.
Also, with alcohol or drug charges, if you are supposed to be attending counseling or AA/NA, and you don't - that's a violation.
Another drug problem - even if you have a prescription for opiates, or schedule drugs, and you have them on your person outside of the prescription bottle, it's a technical violation. This one won't likely get you thrown back in, but it's a pain in the ass, and just another thing to stress about while you are waiting to see if they will throw it out of court.

Getting into an "encounter" with law enforcement. This can be anything as simple as a courtesy pull over and you have something on you, to driving without a license. Stupid yes, but you would be amazed at how many do it.

For some sex offenders, having any sort of computer connected to the internet, even to download music is a violation.

Some people think probation or parole is freedom. No, it just means that you can be at home, subject to the rules of your probation or parole until your sentence is complete. You pay for this "privilege", and they can come by your job, or your home at any time, to make sure you are in compliance with your rules. If you refuse to let them in, they will just come back with a warrant, because refusal is a possible indication that you are hiding something and that is probable cause for them to come in and have a look around.

You will need to read the paperwork to see exactly what the specifics are for your loved one's parole/probation. They do list all the rules quite clearly.

neccomamma
01-23-2010, 09:41 AM
Some people think probation or parole is freedom. No, it just means that you can be at home, subject to the rules of your probation or parole until your sentence is complete. You pay for this "privilege", and they can come by your job, or your home at any time, to make sure you are in compliance with your rules. If you refuse to let them in, they will just come back with a warrant, because refusal is a possible indication that you are hiding something and that is probable cause for them to come in and have a look around.


This is so true!! People think, oh now I'm free and I can do what I want uh no sorry!! You can't even change jobs without notifying your PO!! They can ask for spending records (receipts and bank statements) ESP if you have restitution to pay! Sometimes I feel like I need to inform my PO when I have to use the toilet!!! That's why whenever polls or questions go up about would you rather have jail time or probation I pick the jail time!! Being on paper SUCKS!! I'd rather get it over with. And if you get stuck on a monitor UGH!! no thank you never again!!

VA PO
01-23-2010, 10:12 AM
I want to clarify an earlier point about searches. In some jurisdictions, POs can search without probably cause. Being under supervision changes the rules. Probation and Parole is considered community corrections, ie, corrections within the community. There is less of an expectation to privacy, just like in prison. In prison, cells can be searched without "probable cause". Same with the homes of probationers and parolees. In VA, we serve both populations, probation and parole. They are considered the same in the eyes of the department, as to the standards of supervision. The only difference between the two is that with probation, violations are heard by the sentencing Court, and parole violations are heard by the parole board. We have the same arrest authority with both. No difference there either. We do not need permission to search the homes of either, including opening drawers. We can, and do, walk around the offender's home unescorted. If I didn't, I probably never would have discovered the shotgun, 9mm, and 50 cal that my offender had stashed in another part of his house two weeks ago.

Neccomamma, I'm wondering where you got your information? Maybe your state works differently. I don't know.

MCAPO
01-23-2010, 04:40 PM
Just to clarify, for Maricopa County and the state of Arizona, all Probation officers are Peace officers. Another note, as Probation officers, we do not need probable cause, this is a myth. You give up your rights regarding search and seizure when you are on probation - you could be subject to be searched at any point, at any time. Does that mean when you're in compliance and a PO just randomly wants to do a search on you? Not exactly. He/she will need to have "reasonable suspicion" to do so - reasonable suspicion is defined as specific and articulable facts and inferences - there needs to be NO SEARCH WARRANT that is needed. They will need to staff with a supervisor or senior PO and a team will be assembled as well as having PD/Sheriffs assist -
When doing a field visit or residency verification, for safety reasons....a PO cannot sit there and flip sock drawers and kick over couch cushions etc. for obvious reasons, that wouldn't sit well if someone on probation is compliant, etc. Think about it.

As far as violations go, you're given a set standards of conditions of probation. The old term for Arizona went as "Terms" of conditions of probation. The new word, is "conditions of probation." They are numbered and the PO will have to do a review and acknowledgement (kind of like a one on one interview session with the defendant on probation) and they will initial, check, sign and date, etc. that they acknowledged their conditions of probation. All probationers are asked if they have any questions or comments, they are encouraged to ask these questions at any point during the explanation of each and every condition of probation for that defendant.

For MCAPD in AZ, condition # 5 - states, Submit to search and seizure of your person or property by the APD without the search warrant. (this means, in policy and by definiton and legal mumbo jumbo - a probation officer reserves the right to search a defendant's place of residency w/o any need of pre-warning or notification) upon the suspicion of any illegal activity or violation of a defendant's conditions of probation.
If anyone wants to get technical, I could cite the A.R.S statutes. This is not to prove one thing or another, it's because of misinformation a lot of times or misguided information that I have to let people know, there are different states and counties and cities and even Federal mandates regarding probation and to regard information as the end all be all is not right. That's why I state, specifically for the state of Arizona or if another PO states where their jurisdiction lies. Places do things differently, but from what I've seen and experienced, most have similar laws and rules put in place...just check with the PO and in the state for more accurate info. regarding your state.

MCAPO
01-23-2010, 05:01 PM
Also, most conditions of probation are pretty similar but I will give out a lot of examples of how my county within the state of AZ does it so that you have an idea.

1. Obey all laws. (even traffic)
2. Not knowingly associate with any person engaged in criminal activity or who has a criminal record w/o the prior written approval of the APD.
3. Report to the APD within 72 (or __) hours of sentencing, absolute discharge from prison, release from incarceration or residential treatment and continue to report as directed.
4. Reside at an address approved by the APD, provide safe access, and obtain prior approval before changing residence.
5. Submit to search and seizure of your person or property by the APD w/o a search warrant.
6. Not possess or control any firearms, ammunition, or prohibited weapons as defined in A.R.S. ~13-3101
7. Not possess or use illegal drugs, toxic vapors, or controlled substances, or use or possess any prescription drugs w/o a valid prescription.
8. Report any law enforcement contact to the APD within 72 (or __)
9. Submit to drug and alcohol testing as directed by the APD and/or court.
10. Participate and cooperate in any program of counseling or assistance as directed by the APD and/or Court.
11. Seek, obtain and maintain employment and/or attend school as directed by the APD and advise of any change.
12. Not leave the state (__County)without prior permission of the APD
13. Sign and submit any rlease , authorization, or consent required for the APD/court to exchange protected healthcare information related to the conditions of probation.
14. Provide a sample for DNA testing if required by law
15. Comply with any written directive of the APD to enforce compliance with the conditions of probation.
16. Abide by the Judgement and Orders of restituion, fines and fees in this case.
17. (if checked) Not consume or drink any substance containing alcohol
18. (if checked) Not have any contact with the victim(s) whatsoever, unless approved in writing by the APD
19. (if checked) Complete ___ hours of approved community restituion at a minimum rate of __ hours per month beginning __ sentencing or ___ as directed in writing by the APD.
20. (if checked) Not remain in or returen to the United States illegally if deported or processed through voluntary departure
21. (if checked) be incarcerated in the county jail for __ days __month(s), beginning ____ with credit for __ days served, __ not to be released until _____
22. (if checked) Register as a Sex offender if required by law
23. (if checked) Be permitted to appy for interstate compact supervision in the state of ____. Do not proceed until reporting instructions are received and the APD issues a written travel permit.
24. Participate and coooperate in any counseling or assistance as directed by the APD pertaining to ___substance abuse counseling ___mental health
___ABE/GED ____Budgeting/financial ____Domestic violence ____Parenting
___Cognitive skills ____Sex offender ____Anger management ___as directed by APD
25. Abide by the special conditions of probation
___Intensive probation ___Drug Court ___Domestic violence ___DUI court
___mental health ____Gang ____Sex offender

26. _______(blank to be written by Judge)


-------------------------------------------------------------------

I'm not going to go over all details unless (pm'd) as there is waaaay too much. Don't feel overwhelmed, for the most part, if the PO instructs you to attending counseling or CR hours at a set amount, make sure to pay your fines/fees or (what you can instead of bringing or doing nothing) don't break the law and be compliant, be communicative and you are on your way to a successful completion of probation. ;):thumbsup:

Curegirl80
01-23-2010, 11:45 PM
Wow everyone, that is a lot. At first I thought probation would be the best thing, but unfortunately he got a year and a day in prison and 3 years probation. From reading the site, I can see why probation is a pain in the (_I_). Seems like they almost WANT you to screw up.

Ugh. We will definitely look over the papers and make sure he does nothing to violate it, but wow, what a nightmare, huh?

MCAPO
01-24-2010, 01:37 AM
Wow everyone, that is a lot. At first I thought probation would be the best thing, but unfortunately he got a year and a day in prison and 3 years probation. From reading the site, I can see why probation is a pain in the (_I_). Seems like they almost WANT you to screw up.

Ugh. We will definitely look over the papers and make sure he does nothing to violate it, but wow, what a nightmare, huh?

Probation is the best thing. I'll tell you why, because I've seen the failures fail and the successful people succeed. Because it's all up to you and not up to me. Because it is your case plan, and it is my job to make sure you know what you have to do, to answer your questions and to help you when you need it.

Because it is your job to make sure you're doing what you need to do. Because it is too easy to re-commit an offense and break the law when you want to but it's difficult to rehabilitate when you're an addict or have issues that need to be treated.

Probation is the best thing because you can help yourself not only prove to the Courts and the Judge that they made the right decision, but to spend time with your loved ones and not behind bars. Swallow the pride and work with the system, you could go to taco bell at midnight (if your license isn't suspended) but good luck with that in jail. You have the ability to pick up the phone and call your PO. You could ask any question or concerns and they will have to answer it. I have people who cannot rub two nickels together to spend anything, do I expect them to make their full payments? No. They are being worked with, and I refer them to financial compliance where they at the very least, try to work something out.

That's the key word. Try. Communicate with your PO. The ones who violate the most from me are the absconders from probation and the new offenses committed. I've never violated anyone who couldn't make a payment, had an addiction problem (under certain circumstances), or couldn't be worked with. For the most part, report as directed.

I will quiz you and you tell me what best fits the answer.
Here we go.

Scenario #1: Your probation officer gives you a date and time to show up to his probation office. You mark the date on a calendar and acknowledge to the PO that you will be there. You realize after you get off the phone with the officer, you don't know the exact location of the Probation officer's office location. You look at the caller I.D. and see "unavailable" you:

A.) Assume where it's at and look up the location on a later date, maybe procrastinate as everything is on google maps anyway right?

B.) It's the probation officer's fault for not giving you adequate instructions of the location, so why bother? He/she will call you if you don't show up.

C.) Call a buddy up that had probation in the past and ask him/her what office location they reported from?

D.) Look up documents from the Court and do everything in your power to call any and every number until you get a hold of any probation office location or officer or staff member and explain the situation calmly in order to find out the whereabouts of where you need to report to.


Scenario #2: You call your probation officer that you're assigned to and the probation officer lets you know everything you need to know and prepare for when you do your initial interview with him/her. They notify you to bring in your Court paperwork so that everything could be explained as best as possible. On the date of your review and acknowledgment, you..

A.) Show up late wearing flip flops, tank top and cough up an attitude about having to wait or be checked by security.

B.) You forgot to bring your paperwork and figure out the PO will just make a photo copy of everything on hand for you

C.) You really don't have much questions even though you were a bit confused on some of the conditions of probation.

D.) You show up on a timely manner and have questions that you reviewed yourself regarding your conditions of probation and have written them in advance in a notebook. You bring this notebook with you as well as any other questions or concerns, and you address this to your probation officer. You make sure each and every condition of probation is well explained, if not heard correctly or not understood, you will ask the PO in a polite manner to help better explain them to you.


Scenario #3: Your spouse is driving you to look for employment, your driver's license is suspended but you have not driven since your offense and you want to keep it that way. Your spouse rolls through a stop sign and a city police officer takes note of this and pulls the vehicle over. The police officer asks for both identification of your spouse as well as yourself. The police officer returns your I.D's after briefly running your names through the system and politely telling your spouse to fully stop behind a stop sign and lets you both go with a warning. You realize that condition #8. Report any law enforcement contact to the APD within 72 (or __)

A.) Because you were not driving and there was no charges or a ticket involved, that you don't need to contact your probation officer.

B.) Condition #8 does not have anything marked after the 72 hour reporting time line. You realize that you will be seeing your probation officer in 4 days, so what the heck right? You'll just update them than and there at the probation office.

C.) You figure all law enforcement and cops talk to each other anyway and your PO will figure it out or know anyway, so why bother?

D.) You call your PO within the time frame, preferably almost right away as you want to let your PO know. He doesn't pick up the phone so you leave your first and last name, the incident and a contact phone number for the PO. You later wait a few hours and call once again. You continue this until you get a hold of your PO live over the phone and he thanks you for letting him know and that everything is A-okay.

Scenario #4: You're planning on moving but have not notified the probation officer as it's still a future decision and is not concrete yet. Than, almost unexpectedly there is a better location and house that your family has always wanted and you are gearing up to move....what should you do?

A.) You're going to be in the same state and the home you will be moving to is only 3 miles away from your last residency location. Why bother?

B.) You mentioned to your probation officer that you "might" be moving in the future, so he/she knows already, right?

C.) It's not a big deal seeing that the PO could come at any time and do a walk thru. Quit making a mole hill into a mountain okay!?!

D.) You have been letting your probation officer know about your plans of a future move. The time and date when you find out about this excellent opportunity for the next move location, you let your probation officer know prior to moving and getting the okay from the PO as you have notified him/her in advance.

Scenario #5: Your employer has been cutting your hours significantly from 40 hours to 28 hours a week. Work has been really slow and at the very least, you're still employed and not laid off like some of the recent guys at the job site. Since money is short and you need to pay your monthly rent and probation court payment fees and fines, you....

A.) show up to the probation office a month later and just tell the PO about your situation and you bring nothing.

B.) assume, since your hours were cut, that you don't need to make any payment until your hours are back or when you get a better job. So there!

C.) Figure if you can't make the full payment(s) than you are going to violate probation anyway, so you don't show up...

D.) Notify the probation officer about the situation and let them know that you will be very short the next time he/she sees him and that if there is financial compliance to be worked with or whatever you could do to better alleviate this situation with lower payments, etc. etc.


Scenario #6: You have a lot of questions or concerns with your probation or the conditions, what should you do?

A.) call your probation officer, communicate with your probation officer, always ask questions if unclear. Always, communicate as communication is key to a successful completion of probation and that once understood, probation is really not difficult at all.

B.) call your probation officer, communicate with your probation officer, always ask questions if unclear. Always, communicate as communication is key to a successful completion of probation and that once understood, probation is really not difficult at all.

C.) call your probation officer, communicate with your probation officer, always ask questions if unclear. Always, communicate as communication is key to a successful completion of probation and that once understood, probation is really not difficult at all.

D.) call your probation officer, communicate with your probation officer, always ask questions if unclear. Always, communicate as communication is key to a successful completion of probation and that once understood, probation is really not difficult at all.

E.) All of the above.


:thumbsup:;)

Daywalker
01-25-2010, 07:03 AM
I'm not going to go over all details unless (pm'd) as there is waaaay too much. Don't feel overwhelmed, for the most part, if the PO instructs you to attending counseling or CR hours at a set amount, make sure to pay your fines/fees or (what you can instead of bringing or doing nothing) don't break the law and be compliant, be communicative and you are on your way to a successful completion of probation. ;):thumbsup:

OK, I do have to say that I have no beef with my husband's parole officer here in OK. Nor have I had a problem with any of the parole people I have met here in OK. Unfortunately, you get a lazy ass like he had for probation in TX, then, you got trouble. That guy straight up lied down one side and up the other, and unfortunately for the rest of the people he oversees - he's still a PO in TX.

About the payment thing, our officer here, as well as his supervisor, told us that even if we didn't have the money, not to skip an appointment. They told us that it would be better for us to make his appointment and just tell them we don't have the money this time, and we can bring it in, in a week or two when we do have it. Now, this may be due to the fact, that I have never overstepped or even tried to twist a PO's rule or job around to suit myself, or to suit us, and my husband already knows how I feel about bending any of the rules. He's got a buddy who is headed back to prison - that guy is out on parole now, and he thinks he can do whatever he wants, whenever he wants. He leaves the state without a travel permit. Just stupid little stuff like that. I already told my husband - he shows up here without a travel voucher to show me, and I'll call him in myself. I don't give a crap how good a "friend" my husband thinks he is - I won't have any technical violations (or other ones either), not when all we have to do is call his PO and ask for what we need, and his PO will get it for us.

So, OP - not all PO's are bad, but they have a set of rules that they have to enforce over us, and we can make our time a hell of a lot easier by showing up for appointments and making sure we have their payments, and that we are following all of the rules to the best of our abilities. The job thing is difficult, I won't even pretend it's not, but the best way to prove that he's looking, is print out the last page of every application he fills out online, or the confirmation page if they have one. Most places insist you apply online now, so use it to your advantage, print those pages so that his PO can see that he's productively looking for work.

southernsarah
01-25-2010, 04:30 PM
In TN my son has been on Community Corrections and on state probation. On each of those programs he was required to sign consent the day he was released to agree to have his home, vehicle and person searched at any time,with or without cause. If he refused any search request he would be violated and risk being put in effect.

IrishMom IL
01-31-2010, 09:13 AM
Here's what my sons PO told him, "Think of it as one foot at home and the other in Dept. of Corrections. Now which way do you want to go?" Sound advice.

tylersmommy
02-21-2010, 10:44 PM
Hello,
There are a lot rules thatwill be placed upon him such as: he will have a curfew, not allowed to leave state, o contact with co-defendants, he may have to attend counseling sessions or AA/NA meetings (depending on the crime), he will have to pay a monthly parole fee (in WV it is $40 a month, no new charges, pay all restitution/court cost within a particular period, and to locate a job.

My guy isn't out yet but once he gets out, he will have 3 years probation. I keep reading about those who have "violated their probation." Can you all give me some examples... what can we expect him to do/not do so he doesn't violate his probation once he gets out?

I would just like to have an idea so *I* am mentally prepared.

Thanks in advance. :)

britnewbill
02-21-2010, 10:50 PM
Any sort of criminal activity will land you back in- Now if it was a speeding ticket or somthing- thats no problem- SPEEDING TICKET WHILE HAVING A SUSPENDED LICENSE- VIOLATION...
My man got a dirty piss test and driving on a suspended- got 2 years for that. SO JUST BE CAREFUL!
Probation is Def not easy! Is your man going to be on regular probation or is he going to be on Intense Probation?
Cuz Intense Probation is WAY worse. My man said if he didnt tell HIs probation officer that he was going to be at walmart- and he went anyways- and they saw him there- They could've locked his ass up just for that!! CRAZINESS! They have a Calendar- and you have to put everything and everywhere you are going to be- your whole schedule- and if it says you are gonna be home- and you're not home- That is a violation of probation.
NOT TRYIN TO SCARE YOU! Just lettin you know that Probation is tough but as long as you guys stay strong and dont let the stress get to you- and stay on top of your shit- You'll be okay!
GOOD LUCK!

kaleyl
02-26-2010, 02:13 PM
I want to clarify an earlier point about searches. In some jurisdictions, POs can search without probably cause. Being under supervision changes the rules. Probation and Parole is considered community corrections, ie, corrections within the community. There is less of an expectation to privacy, just like in prison. In prison, cells can be searched without "probable cause". Same with the homes of probationers and parolees. In VA, we serve both populations, probation and parole. They are considered the same in the eyes of the department, as to the standards of supervision. The only difference between the two is that with probation, violations are heard by the sentencing Court, and parole violations are heard by the parole board. We have the same arrest authority with both. No difference there either. We do not need permission to search the homes of either, including opening drawers. We can, and do, walk around the offender's home unescorted. If I didn't, I probably never would have discovered the shotgun, 9mm, and 50 cal that my offender had stashed in another part of his house two weeks ago.



I have been trying to get some information about the first home visit... maybe you can help me? What types of things are not allowed in the home? I know that guns are not allowed, of course... no drugs, etc. I am aware of the obvious. But what about things like knives? I have been told that there can't be anything that looks gang related, but I don't know anything about gangs so I don't know if I have anything that could appear gang related. Also, suppose they come for the visit and find something that isn't allowed; does this mean that my home is denied, or will I have an opportunity to get rid of whatever the item is?

Thanks in advance... PS I am in Tazewell County, VA.