Violation of Probation
Whether it is by plea agreement or the sentence of a judge or jury, many Ohio offenders can be placed on probation or “community supervision.” This is generally seen as a favorable alternative to a far more restrictive jail or prison sentence.
While probation certainly allows a person to still be able to maintain somewhat ordinary daily lives, these types of court agreements still require offenders to abide by certain rules and perform certain actions. Sometimes a person under probation may knowingly or unknowingly violate the terms of the probation. A violation triggers a complaint and warrant to be issued. In some cases, an attorney can file a Motion to Recall Warrant.
After the probationer is picked up on the warrant, the court can either dismiss the case and return the person to probation or conduct a violation of probation hearing. If the person is found to be in violation, then the court can impose any sentence that could have originally been sentenced.
Violation of Probation Lawyer in Hamilton County, OH
If you allegedly violated the terms of your probation, you will want to immediately seek the help of a skilled criminal defense attorney. Joslyn Law Firm represents clients in Cincinnati and surrounding areas who are on probation or facing criminal charges.
Our attorneys are familiar with the tactics and procedures used in Hamilton County, Ohio, including the Central Warrant Processing Unit, the Adult Probation Department, and the Fugitive and Warrant Unit of the Hamilton County Sheriff’s Office.
Our firm is committed to helping achieve the most favorable outcome for every person we represent. We will provide an honest and complete review of your case during a free, confidential consultation as soon as you call.
Cincinnati Violation of Probation Information Center
- What are some frequent terms of probation?
- What is considered a probation violation?
- What kinds of penalties can a person incur for violating probation?
Specific terms of probation can vary form case to case, but some of the most common terms include:
- Attend classes or court-mandated counseling
- Avoid locations where alcohol is sold
- Be available for home visits by your probation or parole officer
- Do not contact or communicate with people associated with criminal activities
- Do not leave city, county or state
- Find and maintain employment
- Meet regularly with a probation officer
- Obey all laws
- Pay fees, restitution, and/or child support
- Perform community service
- Submitting to random drug and/or alcohol testing
- Support any family members who are legally dependent on you
Under Ohio Revised Code § 2951.08, any peace officer can arrest a person under probation without a warrant if the peace officer has reasonable ground to believe that the person has violated or is violating any of the following conditions of the person’s probation:
- Prohibited ownership, possession, or use of a firearm, deadly weapon, ammunition, or dangerous ordnance
- Prohibition from being within a specified structure or geographic area
- Confinement to a residence, facility, or other structure
- Prohibition from contacting or communicating with any specified individual
- Prohibition from associating with a specified individual
- Requirement that the person not ingest or be injected with a drug of abuse and submit to random drug testing and requires that the results of the drug test indicate that the person did not ingest or was not injected with a drug of abuse
Some other types of probation violations may include:
- Arrest for a new criminal charge while on probation
- Being late to a probation meeting
- Change of address without permission
- Failing to complete programs or court-ordered classes
- Failing to comply with community service orders
- Failing to comply with the court-imposed rules of probation
- Failing to pay fines or restitution
- Failing to register as a sex offender
- Failing to report a change of employment status
- Failing to report to a probation officer
- Violation of terms of a domestic violence protective order
Violating your probation can trigger some very severe consequences that may include, but are not limited to:
- You could be arrested and sentenced for a new offense;
- You could lose the right to bond after an arrest and be jailed until your hearing;
- The time you served on probation could be lost and not count towards your sentence;
- Possible maximum charges and punishments could be added to your original sentence; or
- You could be convicted and have a judgment of guilty entered for the original offense, affecting your ability to seal or expunge your record later.
Warrant for a Probation Violation in Cincinnati
Rule 36 for Issuance of Warrant for Probation Violation is set out in the Hamilton County Rules of Practice of the Court of Common Pleas sets out the requirements for the issuance of a VOP warrant for cases in Cincinnati, Hamilton County, Ohio.
If the defendant is accused of violating a condition of the court-ordered community control, then the probation officer must investigate the allegation to determine if there is probable cause to believe the defendant has violated a condition of that community control. If the probation officer believes there is probable cause, through the authorities granted in Section 2951.08 of the Ohio Revised Code, the probation officer shall apply for issuance of a warrant for the defendant’s arrest.
The probation officer will then complete a Violation of Probation Complaint form. On the form the probation officer will state the basis for probable cause of the violation including a summary of the factual bases supporting probable cause. The completed form shall be presented to a deputy clerk of the Clerk of Courts, who shall cause the probation officer to swear that the information presented in the Complaint is true to the best of the probation officer’s knowledge. The probation officer shall then sign the Complaint, the signature being subscribed by the deputy clerk.
The probation officer will also complete a Warrant form. The probation officer will then present the Warrant and Complaint to a deputy clerk of the Clerk of Courts. But the warrant form should not be given to the clerk who subscribed the Complaint. The deputy clerk shall review the information listed in the Complaint and, acting as a neutral hearing officer, render a decision as to whether the information is sufficient to find probable cause to believe that the defendant listed in the Complaint has violated the conditions of community control. If the deputy clerk decides the information is sufficient, then the deputy clerk shall sign the warrant.
The deputy clerk appointed for this purpose can include:
- The Chief Probation Officer;
- The Assistant Chief Probation Officers;
- The Intensive Supervision Program Project Director; the
- The Probation Officer Supervisors; or
- Such other personnel of the Adult Probation Department as designated by the Chief Probation Officer
As established by Ohio’s Revised Code Section 2951.07, the date on the face of the arrest warrant cases the time to stop running on the term of community control until further order of the court.
The complaint and warrant is then sent to the Clerk of Courts for entry onto the Court’s journal. One copy of the Complaint and Warrant is delivered to the probation officer to the Central Warrant Processing Unit of the Hamilton County Sheriff’s Office. The Central Warrant Processing Unit shall enter the warrant into the Hamilton County Regional Crime Computer, and all other databases required. The employee of the Central Warrant Processing Unit receiving the warrant shall sign a receipt document acknowledging arrival of the warrant.
The receipt document shall be placed in the defendant’s file maintained by the Adult Probation Department. The pick-up radius for the warrant shall be nationwide unless the Court orders a smaller pick-up radius. One copy of the complaint and warrant shall be retained in the probation officer’s file. Upon completing its registry of the warrant, the Central Warrant Processing Unit shall forward a copy to the Fugitive and Warrant Unit of the Hamilton County Sheriff’s Office.
Should facts arise to cause recall of the warrant, such information shall be presented to the Court in a “Motion to Recall Warrant.” If the court grants the motion to recall the warrant then an “Entry Recalling Warrant” shall be filed and sent to the Central Warrant Processing Unit who will recall the warrant so that it becomes void and inactive.
Find a Violation of Probation Lawyer in Cincinnati
Attorney Brian Joslyn works to help his clients get the most desirable outcome to their cases. If you are dealing with an alleged probation violation, you should contact the experienced criminal defense attorneys at Joslyn Law Firm right away.
Our firm fights to preserve the rights of people all over the greater Cincinnati area. You can let us see how we can help by calling (513) 399-6289 to have your case reviewed during a free legal consultation. Let us put our experience to work for you.
This article was last updated on Friday, November 20, 2015.