Violation of Probation
Violation of probation occurs when a condition of probation is broken. General conditions of all probation (whether it is straight probation, deferred sentence probation or suspended sentence probation) are to “keep the peace and be of good behavior”. There may also be special conditions, such as continuing to be employed, abstaining from alcoholic beverages, living in a halfway house or participating in some rehabilitative or counseling program. If the prosecution believes the terms of probation have been broken, it will charge the defendant with a violation of probation. S/he will be brought to court, usually under arrest, and given a hearing on whether the conditions of probation were violated. This hearing will be in front of a judge, not a jury, whether the original offense was a misdemeanor or felony, whether the conviction occurred in District or Superior Court.