If you are on probation and are accused of violating the terms of your probation, generally your probation officer and the prosecution will seek to revoke your probation and have your suspended sentence imposed—sending you to jail or prison. There are two types of probation violations: technical violations and new offenses. A technical violation means that you are not necessarily accused of breaking the law while on probation, but rather, that you have violated the terms of your supervision agreement or a court order. Examples include: violating curfew or house arrest, consuming alcohol after being ordered not to drink, and failing to report to your probation officer when directed (commonly referred to as “absconding”). If you are accused of a new criminal offense, the court will commonly give you an opportunity to litigate the new case to determine if it has merit before deciding whether or not to revoke your probation.
If you are arrested for violating your probation, you cannot bail out of jail. Only the court can order your release, unless the Department of Parole and Probation withdraws its allegations against you. If you are being accused of violating your probation, a skilled defense team with a strong familiarity with the probation revocation process will give the best opportunity of being reinstated and completing your probationary period without further incarceration.