Probation is a common alternative to incarceration in Ohio which allows individuals convicted of crimes to serve their sentences under supervised conditions while maintaining their freedom. Unlike parole which requires some time spent in incarceration, probation is typically a full alternative to incarceration.
However, this freedom comes with risks, and violating the terms of probation can lead to termination of the probation program and possible additional criminal consequences.
Cincinnati Attorney for Probation Violation
Probation is a privilege, not a right under Ohio law. The court sets out very strict requirements for probation as a way to offer a path to rehabilitation in lieu of confinement. However, the court can sometimes be overzealous in its application of the law, or lack understanding or sympathy for alleged offenders. After all, you’re a criminal in the eyes of the court.
If you’ve been accused of violating your probation by your probation officer or the Hamilton County Court, you need to contact an experienced criminal defense attorney immediately.
The Wieczorek Law Firm, LLC, led by Mark Wieczorek, has served Ohio since 2008. Mark Wieczorek serves all of Ohio, including Hamilton County, Butler County, Clermont County, Brown County, Highland County, Clinton County, Preble County, Scioto County, Greene County, Montgomery County, and Warren County, and Southern Ohio.
Call Mark Wieczorek at (513) 317-5987 for a free consultation or fill out our online contact form.
Overview of Probation Violations in Ohio
- Probation under Ohio Law
- Types of Probation
- Types of Probation Violations
- Penalties for Probation Violations in Ohio
- Probation Violation Hearings
- The Probation Hearing Process
- Defenses to Probation Violations
- Consequences for Juvenile Probation Violations
- What to do if You are on Probation
- Frequently Asked Questions
- Additional Resources
- Hire an Attorney for Probation Violation Charges in Hamilton County, Ohio
Probation under Ohio Law
Probation, officially referred to as “community control” in Ohio, is a court-imposed sentence allowing individuals to remain in the community under specific conditions instead of serving time in jail or prison. Probation terms are tailored to each individual case and can include requirements such as regular reporting to a probation officer, paying fines or restitution, completing treatment programs, and avoiding new criminal activity. Governed by Ohio Revised Code (ORC) § 2929.15, probation violations are addressed through judicial hearings, where courts determine appropriate penalties for noncompliance. Not every crime is eligible for probation – serious crimes like murder, aggravated assault, and many sex offenses are precluded from probation.
Prior to probation, officers complete Pre-Sentence Investigation (PSI) reports which provide the court with thorough background information on offenders coming before the Court for sentencing. These reports include offense information, criminal history, biosocial information, law enforcement input, and risk assessment. These reports are referenced during probation violation hearings.
Types of Probation
Generally, those under probation fall into one of two categories:
- Strict (intensive) supervision
- General supervision
For those with a strict monitoring status (Intensive Supervision Probation, or ISP), defending a violation can be difficult. Strict monitoring often includes ankle monitors, weekly check-ins with their probation officer, and in extreme cases, a tailing officer, as well as home visits cognitive programming, and drug testing. Proving that a violation did not occur with such strict monitoring can be difficult given law enforcement’s effort in keeping track of the offender.
Loose monitoring is a little easier – it typically refers to offenders with limited supervision, without ankle monitors, and with biweekly or monthly check-ins with their probation officer. These offenders are often granted more leeway than their counterparts, but they should not rely on the goodwill of their arresting officers.
Types of Probation Violations
Probation violations are categorized into two main types: technical violations and new criminal offenses.
- Technical Violations
A technical violation occurs when an individual fails to comply with the specific conditions of their probation. Examples include:
- Failing to report to a probation officer.
- Missing a scheduled court appearance.
- Failing to pay fines, restitution, or court fees.
- Violating curfew or travel restrictions.
- Testing positive for drugs or alcohol.
- Failing to complete mandated treatment or educational programs.
- New Criminal Offenses
Committing a new crime while on probation is a more severe violation. It not only breaches the terms of probation but also introduces new charges that can result in additional penalties.
Penalties for Probation Violations in Ohio
The consequences of a probation violation depend on the severity of the violation and the underlying crime for which the individual is serving probation:
- Warning or Increased Supervision:
- For minor technical violations, the court may issue a warning or impose stricter probation terms, such as increased reporting requirements or house arrest.
- Extension of Probation:
- The court may extend the length of the probation period as a consequence of the violation.
- Revocation of Probation:
- For serious or repeated violations, the court may revoke probation and impose the original sentence, including incarceration. In some cases, the court may allow the offender to count the served probation term as part of the prison sentence – however, in many cases the terms of the probation state that failing to complete probation results in the full prison term.
Probation Violation Hearings
When a probation violation is alleged by the offender’s handler or law enforcement, the court will typically schedule a probation violation hearing to determine whether the violation occurred and what consequences are appropriate. At this hearing, offenders can (and should) have legal representation. If law enforcement has scheduled a hearing, it is unlikely that they will be convinced by the offender alone.
The Probation Hearing Process
- Notification:
- The probationer will receive notice of the alleged violation, including the reason why law enforcement has found them to be in breach of their probation terms.
- The Hearing:
- The hearing is less formal than a criminal trial but allows the probationer to present evidence, call witnesses, and challenge the allegations. For those under house arrest, this is typically when the offender would show proof that they either did not leave the house or were forced to do so out of necessity.
- The burden of proof is lower than in a criminal trial; the prosecution must show by a preponderance of the evidence that the violation occurred. This generally places the burden of proof on the defendant to prove they were not in violation.
- Judicial Decision:
- The judge will decide whether the violation occurred and determine the appropriate consequences based on the nature of the violation and the probationer’s history. If the hearing goes poorly, their legal team may be able to appeal the process. To appeal the hearing requires showing some failure in the hearing process or technical failure on the part of law enforcement to prove that the violation occurred.
Defenses to Probation Violations
During a probation violation hearing, defenses usually fall into one or more of the following categories:
- Proving that no violation occurred:
- Arguing that the probationer complied with all terms of probation and that the allegations are unfounded. This can mean using digital evidence to show where the offender was at any given time, proving that the equipment (like an ankle monitor) was faulty, or that they did not commit some other crime or violation which resulted in revocation of probation.
- Lack of Willfulness:
- Demonstrating that the violation was not intentional, such as missing an appointment due to unforeseen circumstances (e.g., medical emergencies), accidentally cutting their ankle monitor (which sets off an alarm and alerts law enforcement) or otherwise proving that the offender did not want to violate the terms of their probation.
- Challenging Evidence:
- Sometimes, the terms of the probation include regular screenings for drugs or alcohol. When a person is found in violation of their probation as a result, this evidence is brought up at trial. Challenging this evidence can be difficult, but may be necessary to avoid termination of probation.
- Substantial Compliance:
- Showing that the probationer made good-faith efforts to comply with probation terms and that any noncompliance was minor or inadvertent.
Consequences for Juvenile Probation Violations
For juveniles, probation violations are handled within the juvenile justice system, which focuses on rehabilitation rather than punishment. Penalties for juvenile probation violations may include:
- Additional community service.
- Mandatory counseling or treatment programs.
- Placement in a juvenile detention facility for severe or repeated violations.
What to do if You are on Probation
Understand the Terms of Your Probation – ensure that you fully understand the specific conditions of your probation. As questions, and if you have an attorney, ask them to help you understand what you can and cannot do during your probation.
Maintain Open Communication – Communicate regularly and honestly with your probation officer. Inform them of any potential issues, such as scheduling conflicts, and if you are about to violate your probation. Being open and honest can make the difference between going to jail and continuing your probation.
Document Compliance – Keep records of payments, program completions, and meetings to demonstrate your adherence to probation terms.
Seek Legal Counsel – If you have been accused of a probation violation and a hearing seems imminent, consult an experienced attorney to represent you to the court.
Frequently Asked Questions
The following questions and answers come directly from the Hamilton County Court website.
Are Probation records public information?
No, Probation records are the property of the Court and are not public information. Please consult your Probation Officer for record requests.
What is the difference between Probation and Parole?
The main difference between the two is that probation or Community Control is a Court sanction of Community Supervision in lieu of a prison sentence. Parole or post-release control is granted after an Offender has served a prison term.
Can someone on probation own, possess, or carry a firearm or other lethal weapon?
Offenders under active supervision may not have any weapons, including but not limited to, rifles, shotguns, or handguns on their person, in their residence, or in their vehicle.
How is drug and alcohol testing conducted?
The Adult Probation Department screens offenders for various substances through the use of urinalysis testing. The offenders are also tested for alcohol by submitting to a Breathalyzer test.
Additional Resources
- Hamilton County Probation – The website of the Hamilton County courts includes specific information about the county’s probation program, including a directory of who to speak to, how to pay fees, qualifications for expungement,t and other information related to probation and its violations in Hamilton County.
- Supervision under the Ohio Parole Board – For the purposes of the state justice system, parole, and probation are very closely related. The provided link explains the process of obtaining probation and the supervisory process associated with both parole and probation, including the different types of supervision in each case.
Hire an Attorney for Probation Violation Charges in Hamilton County, Ohio
The Wieczorek Law Firm, LLC, led by Mark Wieczorek, represents clients in Southern Ohio, including the cities of Cincinnati, Columbus, Akron, Dayton, Toledo and South Point.
Call Mark Wieczorek today at (513) 317-5987 for a free consultation or fill out our online contact form.