Stand Your Ground Defense
Frequently Asked Questions
Contents
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What is the punishment for violating probation?
What is a technical violation of probation?
How can a person defend a technical violation of probation?
Wasn’t a new law passed about technical violations?
Q: What is the punishment for violating probation?
A: In Alabama, if your probation is revoked the judge may impose any sentence that could have been imposed at the original sentencing for the underlying offense, up to the statutory maximum. For example, felony possession of a controlled substance is generally a Class D felony with a sentencing range of 1 to 5 years. If you were on probation for that charge, the court could order any term within that range upon revocation.
You will typically receive credit for any time already served in custody on the case. Time spent on probation does not reduce the term. If you had a suspended or split sentence, the judge may require you to serve the remaining portion that was suspended.
Every case is fact specific. Blanket rules like “the judge will always give more than the original offer” are not reliable. Your prior compliance, new violations, and mitigation can all affect the outcome.
Q: What is a technical violation of probation?
A: Technical violations involve misconduct that does not amount to a new crime. Examples include failing a drug screen, leaving the state without permission, changing your residence without approval, failing to pay restitution, or not completing required substance abuse classes. While these may seem minor, many judges treat them seriously and may use them as grounds to revoke probation and impose significant prison time.
Q: How can a person defend a technical violation of probation?
A: The best way to defend a technical violation allegation is to show that it was not a “willful” violation. The judge does not want to punish accidental bad behavior; but only willful behavior that defies or disrespects the rules imposed by the judge. Therefore, you can defeat some technical violations of probation by showing that it was not a “willful” violation; such as (1) You could not complete the drug classes because you were bedridden, (2) You could not pay the restitution because you were destitute and had to borrow money for rent and food or (3) You were asleep when your friend was driving and he left the state without you knowing about it.
Q: Wasn’t a new law passed about technical violations?
A: Not in Alabama. You may be thinking of a 2020 Florida law that limits jail for certain first-time technical violations. Alabama has no similar statute. Here, if you commit a technical violation, the judge can revoke probation and impose any sentence that could have been given at the original sentencing. That said, courts often consider whether it is a first violation, how serious it was, your overall compliance, and public safety. Your attorney can ask for alternatives such as reinstatement or modification of probation, treatment, community corrections, or a brief jail sanction instead of full revocation.