Probation Violations ORC § 2951
Overview:
In Ohio, probation, also known as community control, is used as an alternative to prison or jail for a convicted defendant who poses a low risk of harm to society. During probation, a convicted individual would sleep at home and be responsible for carrying out the duties placed on them by the court as well as scheduled visits with a probation officer.
If an individual violates the terms of their probation, the court may view it as a breach of trust and penalties can range from light to severe. After a violation, courts may terminate probation or make the terms of probation more difficult including incarceration.
Given the demands of life, there are many reasons why an individual might fall short of fulfilling the terms of their probation. An award-winning attorney from Funkhouser Law will present your case to the court so as to avoid harsh penalties and achieve the best possible outcome for you. If you have violated the terms of your probation or have been accused of violating the terms of your probation, please call Funkhouser Law for a free consultation with an experienced peer-rated lawyer.
Revocation of Probation Ohio Crim. R. 32.3
The Hearing~
If the probation officer determines a person violated one of the terms of their probation, he/she will notify the court who will hold a hearing where the defendant is required to attend. The defendant has the right to have counsel represent them during the Revocation process. As the penalties can be harsh, the assistance of an attorney is advised at this point in order to mitigate damages. After the hearing, the court may impose a jail or prison term or other penalty.
Possible Terms of Probation
- Random drug testing,
- Required attendance of AA meetings or other rehabilitation organization,
- Check-ins with Probation officer,
- Avoidance of people or places associated with criminal activity,
- Home Searches.
- Weapon prohibitions.