Violation of Probation

VIOLATION OF PROBATION (VOP's)
A Violation of Probation charge occurs when you are on probation and either get charged with a new crime or a techinical violation.  Examples of technical violations include failed drug tests, not reporting to the probation officer on time, moving residences without notifying the probation officer, not attending classes, etc.

VOP PROCESS
If you commit a crime while on probation OR get a technical violation, your probation officer will send a VOP warrant to the Judge. The Judge will almost always sign this warrant and frequently give you NO bond. Thus , the person is often arrested and must sit in the jail on “no bond” until the court date or until an attorney files a motion for bond hearing.

FELONY VOP's
When you are on felony probation and receive a VOP, you are almost always arrested and given NO bond. Sometimes, if your violation is a technical violation the Judge will issue a warrant with a bond attached, but it is rare. VOP cases are different because the state only has to prove that the violation occurred and the Judge will then re-sentence the person on the original underlying case. In VOP cases, the state does not have to prove this to a jury, just a hearing in front of the Judge who then determines the sentence. If the violation was a minor violation, it is possible that probation could be reinstated or the defendant may get a stricter form of probation. In cases where there is a new crime committed, the person usually serves some time for the underlying crime if the State is able to prove their case.

MISDEMEANOR VOP’s
The process is similar to Felony VOP, but the results are far less harsh. Many times in these cases, it is easier to get bond set because they are misdemeanors. The worst cases are those where the person is on probation for a certain crime and either gets arrested for that same crime again or something worse.

It is usually easier to handle VOP cases (vs. new cases) for the attorney because you are often dealing with fewer issues and only one or two court dates.                  

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