Probation is a common alternative to incarceration, allowing convicted individuals to serve their sentence under supervision outside of jail. While this option can offer more freedom, it comes with strict conditions—and violating those terms can carry serious consequences.
Below, we break down what probation entails, what counts as a violation, and what happens if you’re accused of violating probation in Ohio.
What Does Probation Involve?
Probation typically requires you to:
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Check in regularly with a probation officer (weekly or monthly)
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Obey all laws and avoid further criminal activity
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Submit to drug and alcohol testing
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Complete counseling, treatment, or community service programs
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Avoid alcohol and drug use
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Get permission before traveling out of state
Every probation case is different, and conditions may vary depending on your offense and the judge’s order.
What Is a Probation Violation?
A revocation hearing will be set, where the offender will have the opportunity to present facts to the judge explaining why the violations occurred (or argue why the judge should reinstate probation or terminate probation). The offender will be entitled to two probation violation hearings. First, a probable cause hearing where a bond is set. Second, a full revocation hearing where the judge decides the penalty for violating probation.
Generally, the standard of proof in a revocation hearing for a probation violation is the lowest civil standard (preponderance of the evidence). In other words, it is easier to prove in court. T
A probation violation occurs when you fail to follow any of the conditions outlined in your probation terms. Common violations include:
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Missing a meeting with your probation officer
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Failing a drug or alcohol test
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Traveling without permission
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Missing court dates
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Committing a new crime or getting arrested
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Failing to complete required programs
Violations can be accidental, such as not receiving notice of a meeting due to a change in contact information. But even small infractions can lead to serious legal consequences.
he judge decides whether a probation violation has occurred. There is no right to a jury trial. Hearsay is admissible, but cannot be the sole basis for a violation. If new charges have been brought against the offender. his / her attorney may want to request a continuance to see what happens with the new charges.
What Happens If You Violate Probation?
When a violation occurs, a revocation hearing is typically scheduled. This involves two parts:
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Probable Cause Hearing – A judge determines whether there’s enough reason to believe a violation occurred. A bond may be set at this stage.
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Full Revocation Hearing – The judge reviews the facts, hears from both sides, and decides on a penalty.
Unlike a criminal trial, the burden of proof is lower—only a “preponderance of the evidence” is needed to prove a violation. There’s no jury; the judge alone makes the decision. Hearsay is admissible, though it cannot be the sole basis for revocation.
You do have rights at this hearing:
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To receive written notice of the charges
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To have legal representation
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To present evidence and witnesses in your defense
Penalties for Probation Violations
Consequences depend on the severity of the violation and the judge’s discretion. Possible outcomes include:
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A warning or modification of conditions
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Extension of your probation term
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Mandatory rehab or treatment
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House arrest or stricter supervision
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Revocation of probation and imposition of jail time
If probation is revoked, you may be ordered to serve the original jail sentence that was suspended, minus any time already served in jail or on probation.
Should You Consider Probation?
Probation can be a second chance, but it’s also a legally risky situation. Minor missteps—like missing a check-in or misunderstanding a condition—can land you back in court, or worse, in jail. Some people are simply not a good fit for long-term probation and may be better off requesting a short jail sentence, if allowed by the judge.
Have Questions About Probation in Ohio?
At Makridis Law Firm, we have experience handling probation violations, revocation hearings, and sentencing matters. If you’ve been accused of a violation or are unsure about your options, contact us for guidance.
Call us today at (330) 394-1587