Violation of Probation
An individual that has been convicted of a criminal offense in Dayton or who has been placed on deferred adjudication for a criminal offense may be placed on probation or community supervision as an alternative to a traditional jail or prison sentence.
Often the terms or requirements to probation are difficult to abide by and can ultimately result in a violation of probation. Probation violations can be technical or substantive. A technical violation is typically some kind of failure to comply with the requirements of the probation, such as a failure to report to the probation officer. A substantive violation can occur if the individual committed another criminal offense while on probation.
The penalties an individual can face for their probation violation can vary from a complete revocation of the probation to modification of the probation terms to a full jail or prison sentence for the underlying offense.
If you have been accused of violating the terms to your probation, it is important to contact an experienced criminal defense attorney in Dayton who will make every effort to achieve the most desirable outcome in your particular situation by modifying the terms of your probation or having your probation reinstated without additional punishments.
Dayton Violation of Probation Attorney
Contact the Joslyn Law Firm for a consultation today about your alleged probation violation throughout the areas of Dayton, Kettering, Huber Heights, Troy, Piqua, Springfield, Beavercreek and Fairborn. Brian Joslyn is experienced defending allegations of probation violations in Ohio and will make every effort to help you avoid the most serious penalties and repercussions to your alleged offense. Contact the Joslyn Law Firm for a free consultation at (614) 444-1900 if you have been charged with a violation of your probation throughout Dayton, Ohio.
Dayton Violation of Probation Information Center
- Violation of Probation Laws in Ohio
- Possible Probation Terms in Dayton
- Dayton Violation of Probation Hearings
- Probation Violation Penalties in Dayton
- Dayton Probation Violation Resources
An individual can violate the terms of their probation very easily and often without even being aware of the violation. If your probation officer has any reasonable grounds to believe you violated the terms of your probation in any material way, you can be charged with a probation violation in Dayton.
As defined in Chapter 2951 of the Ohio Revised Code, probation is more commonly known as community control, which is generally supervised custody in the alleged offender's home, in the community or in some other place as determined by the court. Community control generally involves supervision and surveillance by probation officers.
An individual who is placed on probation or community control in Dayton may be required to follow any of the terms or conditions listed below:
- Allow the probation or parole officer to come to your home;
- Attend certain classes or counseling;
- Complete community service requirements;
- Maintain employment;
- Make any restitution to crime victims;
- Pay all required fees;
- Remain in the city, county or state;
- Report to probation and parole officers on time;
- Submit to random drug or alcohol testing; and/or
- Support any family members who are legally dependant on you.
The terms of your probation may also prohibit you from doing any of the following:
- Associate with anyone involved in criminal activities;
- Carry a firearm, handgun or weapon;
- Commit any other criminal offenses or violate any other laws while on probation; and/or
- Go anywhere drugs or alcohol are primarily sold.
After your alleged probation violation, the court will permit you to have a hearing in front of a judge. However, you will not be entitled to have a jury at your hearing since you have already been entitled to have your day in court for the underlying criminal offense that resulted in your probation.
Once the date of your hearing has been set, the judge will listen to the facts surrounding your alleged violation and determine if any violation of the conditions or terms to your probation did occur. You can also be required to testify yourself at your probation violation hearing, in addition to have witnesses testify against you at the hearing.
At the hearing, your probation violation does not have to be proven beyond a reasonable doubt by the prosecutor. The prosecutor only has to prove you committed the violation by a preponderance of the evidence. This burden of proof is established if the evidence weighs more in favor of one side than another. This means if there is more evidence that you violated the terms of your probation than you did not, then you will likely be charged with a probation violation. Therefore, since this is a lower burden of proof, it is essential to hire an experienced criminal defense lawyer to help you create the best legal defense to your alleged probation violation.
If the judge finds you violated the terms of your probation or community control, you could face any of the penalties and punishments:
- A judgment of guilt entered for underlying offense, which may later affect your ability to seal or expunge your criminal record;
- A loss of the time already served on probation to count towards your underlying criminal sentence;
- Additional penalties and punishments added to the initial sentence;
- Arrest and sentencing for a new criminal offense;
- Possible sentencing to the maximum jail or prison term for the underlying offense; and/or
- Requirements to remain in jail after an arrest for a probation violation since there is no right to bond for a violation of probation.
Dayton Municipal Court Probation Services - This link provides information on probation in Dayton, and provides various programs and services to individuals who are placed on probation or community control in Dayton. The court is located at:Dayton Municipal Court
301 West Third Street
Dayton, Ohio 45402
Phone: (937) 333-4375
Ohio Revised Code - This link is to Chapter 2951 of the Ohio Revised Code, which provides information on probation and community control in Ohio, including information on supervision fees, conditions to probation and monthly reporting requirements.
Community Control Sanctions - This link is to section 2929.15 of the Ohio Revised Code, which defines community control and when an alleged offender can be placed on community control or probation instead of jail or a prison sentence.
Adult Parole Authority - This link is to the Ohio Department of Rehabilitation and Correction's website, which is responsible for the release and supervision of criminal offenders who are released into the community after prison, in addition to providing a variety of programs for individuals on probation and parole.
Joslyn Law Firm | Dayton Probation Violation Attorney
If you have been accused of a violation of your probation throughout the areas of Montgomery County, Miami County, Clark County and Greene County, contact the Joslyn Law Firm today. Brian Joslyn is an aggressive Dayton criminal defense attorney who will make every to fight the allegations against you. Contact the Joslyn Law Firm at (614) 444-1900 today for a free consultation about your alleged probation violation in Dayton.