Posted By DiCaudo, Pitchford & Yoder
Some courts in Ohio do not take violating probation lightly and could really punish the violator. In some cases, a judge could order you to serve the remainder of your sentence in jail and can even add more jail time. Under Ohio law, a prosecutor must show a “preponderance of the evidence” that the violation occurred. This means that they must prove that it is more likely than not that the probation has been violated. This results in the likelihood that you can be convicted with much less evidence compared to other criminal convictions that require proof beyond a reasonable doubt.
Ohio has two types of probation violations, technical and substantive. The technical violation involve actions like changing your address without permission, failing to pay a fine, or being late to a probation meeting. Substantive violations are more serious and include committing a new crime. If you are convicted of a new crime, you will receive a punishment for that crime and have the probation rescinded from the previous offense. The court can then reinstitute the original conviction and punishments of the original crime even if you are not found guilty of the second crime.
Other forms of violating probation are:
- Failure to report a new employment status
- Failure to register as a sex offender
- Failure to complete court-ordered classes
- Failure to show up for a drug or alcohol test
- Violating the term of a domestic violence protective order
If you have arrested for violating your probation, contact an attorney at DiCaudo, Pitchford & Yoder as soon as possible. We understand that there is a possibility a mistake was made or a misunderstanding occurred. Our legal team is available to represent you and fight to get a result that is favorable for you.