Probation Violation Disposition

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A Probation Violation Disposition is basically the equivalence to a “Sentencing” for a probation violation. At this point the judge has several options. He can “Revoke” the probation and sentence a Defendant to prison time based on the original sentencing range contained in the “Plea Agreement” (see Plea Agreement) or the sentencing ranges which were contained in the original “Sentencing.”

Another choice the judge has is to “Reinstate” a Defendant on probation for; (1) the exact same terms he was on; (2) increase the probation by adding additional terms, or (3) place the Defendant on “Intensive Probation”.

“Intensive Probation” (sometimes called “IPS”) is a much stricter form of probation. This requires a Defendant to remain home when he is not at work (i.e., house arrest) and he must call the surveillance officer when he leaves for work every morning, and again when he arrives to work. He must do the same thing when he leaves from work to head home, and upon arriving to his house after work. In addition, the surveillance officer will pop over to a Defendant’s house and work much more frequently than he would if the Defendant were on standard probation. When the surveillance officer appears, he can demand a urine sample on the spot or a breathe test to determine if any alcohol or drugs have been consumed. If the surveillance officer arrives and a Defendant is not home, refuses to allow the surveillance officer to enter the house, or refuses to provide a breath or urine test, then that can be grounds to file a Petition to Revoke Probation.

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