| violation of probation
Probation may be imposed on either a misdemeanor or felony offense. Probation is a sentence which may be imposed by a court in lieu of incarceration. A criminal who is "on probation" has been convicted of a crime but has served only part of the sentence in jail, or has not served time at all. In most jurisdictions, probation is a sentencing option for misdemeanors and many felonies (these are commonly called "probationable" offenses), but not for higher-order felonies, such as capital crimes, forcible rape, and many others.
An offender on probation is ordered to follow certain conditions set forth by the court, under the supervision of a probation officer. He or she is ordinarily required to refrain from subsequent possession of firearms, and may be ordered to remain employed, abide to a curfew, live at a directed place, obey the orders of the probation officer, or not leave the jurisdiction. The probationer may be ordered as well to refrain from contact with the victims (such as a former partner in a domestic violence case), with potential victims of similar crimes (such as minors, if the instant offense involves child sexual abuse), or with known criminals, particularly co-defendants. The offender on probation may be fitted with an electronic tag, which signals her or his whereabouts to officials, and it is very common for offenders to be ordered to submit to alcohol/drug testing or to participate in alcohol/drug or psychological treatment, or to perform Community Service work.
Any time a Probationer is alleged to have violated one or more terms or conditions their probation officer may submit an affidavit of violation of probation to the court, which will then issue a warrant. Michael D. Weinstein, PA has successfully resolved hundreds of probation matters. |