Attorney Joseph Soler
My probation officer told me that I violated my probation (VOP'd), should I quit probation?
Absolutely not! The state has the burden to prove that an alleged probation violation was both willful and substantial. For instance, if you violated because you did not pay court costs, and you have no money, no job, and no ability to pay, then it is likely that a judge will conclude that the alleged violation was not willful. And if it is not willful, then it is not a violation. This also may apply to other alleged violations including, but not limited to, getting kicked out of a rehab program, missing an appointment, failure to pay court costs, cost of supervision, etc.
When a person violates probation, the judge will sign a violation of probation warrant that alleges the specific reasons that a person violated. If the state is able to prove just one of them, then they will successfully VOP the person.
If a person, when they are told that they violated probation, quits probation altogether, than the probation officer will likely start "racking up" the violations. It then later becomes extremely difficult, if not impossible, to beat all of the allegations.
Last, but not least, if you are told that you violated probation, and instead of quitting, continue to complete terms, then it is much more likely that the probation officer and judge will look favorably on you at your VOP court date and it will be much easier for your attorney to argue for a lesser sentence.
Visit the Soler & Simon Violation of Probation page to learn all about VOP's and how we can help you.