What Happens if You Violate Probation in Washington State?
Violating your probation, even accidentally, can come with consequences in Washington. Our lawyers can help you prepare for what might happen at a probation violation hearing and avoid the worst possible consequence: having your suspended sentence revoked.
If you violate the conditions of your probation in Washington, your probation officer may arrest you without a warrant. They may also give you a warning for an initial, minor violation. After the violation, the judge can extend or modify the probation period as they see fit. The judge can even revoke your probation, sending you to prison for the remainder of your suspended sentence.
You can call the Law Offices of Smith & White at (253) 203-1645 for help with your case from our Washington criminal defense lawyers.
What Can Happen if You Violate Probation in Washington?
Violating probation can mean a wide range of consequences, from a warning from your probation officer to the judge revoking your suspended sentence and making you serve out your sentence in prison.
Warning
In Washington, your probation officer can only issue a warning for minor violations of your probation. This is more likely for first-time, small violations, such as accidentally missing an appointment. Failing a drug or alcohol test will most likely be formally reported to the court, even if it is the first time.
Immediate Arrest
RCW 9.95220(1) authorizes probation officers to arrest, without a warrant, a probationer when they have reason to believe they have violated their probation. Contact our University Place, WA criminal defense lawyers immediately after you are arrested for an alleged probation violation so you don’t spend any unnecessary time in jail.
Extended Probation
Extended or modified probation is a common consequence of violating one’s probation and is allowed under 9.95.230. Preferably, after a violation, probation would be extended rather than revoked entirely.
Revocation of Probation or Suspended Sentence
The court also has the authority to revoke a defendant’s probation or suspended sentence for a violation. If you received a suspended sentence after conviction or a plea deal, you get the chance of a being out on probation and following its conditions rather than going to prison. The condition of a suspended sentence is that you do not violate probation. If you do violate probation conditions, the sentence will take effect.
What Counts as a Probation Violation in Washington State?
There are technical probation violations, such as failing to report to your probation officer. Then there are substantive probation violations, such as being arrested for a new criminal offense in Washington. Any violation could bring consequences, so you must know exactly what you can and cannot do while on probation in Washington.
Technical Violations
Technical probation violations include missing reporting dates with your probation officer, failing a drug or alcohol test, failing to pay court-ordered fees, failing to attend counseling or other court-ordered programs, ignoring travel and curfew restrictions, and failing to notify your probation officer of employment or address changes.
A probation officer may issue a warning for a very minor technical violation. However, they may still arrest you and involve the court for any probation violation, even if it is your first.
Substantive Violations
A substantive probation violation occurs when you commit a new criminal offense while on probation. This is in direct conflict with the main condition of probation: that the defendant follow the law and avoid all criminal activity.
Not only can substantive violations result in revocation of your suspended sentence or probation, but they can also lead to additional criminal charges for the new criminal offense.
FAQs About Probation Violations in Washington State
Will I Automatically Get Arrested for a Probation Violation?
While immediate arrest without a warrant is allowed for probation violations in Washington, that doesn’t guarantee that your probation officer will arrest or report you for a minor, accidental, or first-time violation.
How Do I Know What’s Considered a Probation Violation?
Our lawyers can make sure you know what’s considered a probation violation by reviewing the conditions of your probation with you after the judge grants it. The following are common probation conditions:
- Follow the law
- Report regularly to your probation officer
- Pay fines or restitution
- Refrain from alcohol or drug use
- Refrain from contacting victims of the crime
- Follow a curfew
- Attend treatment programs
- Submit to electronic monitoring
- Refrain from possessing weapons
- Observe travel restrictions
Should I Call My Lawyer if I Am Arrested for a Probation Violation?
You should immediately contact your attorney if you are arrested for a probation violation so that we can confirm whether there was an alleged technical or substantive violation and what that means for you moving forward.
How Can I Avoid Consequences from a Probation Violation?
Our lawyers can help you avoid serious consequences from a probation violation, like revocation of your suspended sentence, by arguing that the violation was completely unintentional or that a medical emergency or family emergency prevented you from attending an appointment with your probation officer. Consequences aren’t guaranteed for an unintentional probation violation.
What Happens During a Probation Violation Hearing?
At the probation hearing, your probation officer will present their evidence of your alleged violation, and our lawyers can present your defense, explaining that the violation was not intentional or did not occur. The standard of proof for probation violations is lower than that for criminal trials in Washington.
What if I Repeatedly Violate My Probation?
If you violate your probation a second time after receiving a warning, there’s a greater chance of your probation officer reporting the violation to the judge and the judge revoking or extending your probation.
Will My Convicted Be Vacated if I Complete My Probation?
Completing your probation is a mandatory step towards getting a conviction vacated in Washington.
Call Us for Help After a Probation Violation in Washington State
Call (253) 203-1645 for help with your case from the Lakewood, WA criminal defense lawyers of the Law Offices of Smith & White.