The Probation Violation Disposition
A Probation Violation Disposition is akin to a “Sentencing” for a probation violation (refer to Probation Violations). During this phase, the judge has several options to consider. They can choose to “Revoke” probation and impose a prison sentence based on the original sentencing range specified in the “Plea Agreement” (see Plea Agreement) or the sentencing guidelines outlined in the initial “Sentencing.”
Alternatively, the judge may decide to “Reinstate” the defendant on probation, either with the exact same terms as before, with additional conditions, or under “Intensive Probation.”
Intensive Probation (sometimes referred to as “IPS”) is a more stringent form of probation. It entails the defendant being confined to their residence when not at work (i.e., house arrest). They are required to contact the surveillance officer every morning before leaving for work and upon arriving at work. The same process is repeated when leaving work to return home. The surveillance officer will also make more frequent visits to the defendant’s residence and workplace compared to standard probation. During these visits, the officer may conduct random urine or breath tests to check for alcohol or drug consumption. Failure to comply with the surveillance officer’s requests, such as being absent from home, refusing entry, or refusing to provide a breath or urine sample, can serve as grounds for filing a Petition to Revoke Probation.
If you need assistance or legal advice regarding Probation Violation Disposition or related matters, don’t hesitate to contact TedLaw for a free consultation with an experienced attorney.