Probation Violation Rules by State (2026)
How each state charges probation violation and the maximum penalties, from each state criminal code.
| State | Probation violation |
|---|---|
| Alabama | The sentencing court decides probation violations. The prosecutor or probation officer may petition to revoke (or the court may act on its own), and the court may issue an arrest warrant; a probationer held in jail must get a violation hearing within 20 business days unless new charges are pending. At the hearing the probationer may have counsel and present and cross-examine witnesses, and the judge must be 'reasonably satisfied from the evidence' that a violation occurred; hearsay may be received. The court may revoke, modify or continue probation, and may extend it. Under § 15-22-54(e), full revocation is required for certain serious underlying offenses and allowed for absconding, a new offense, firearm possession or failing a court-ordered program; for other violations the court generally imposes a confinement period of no more than 45 consecutive days and may not revoke until the person has had three such periods. Ala. Code § 15-22-54; Ala. R. Crim. P. 27.4, 27.6 |
| Alaska | A probation officer may arrest a probationer for cause without a warrant, and the court may issue an arrest warrant for a probation violation; police may also detain or arrest a probationer for violating certain listed conditions. The probationer is then brought before the sentencing court. A suspended sentence may be revoked only for good cause, and the probationer is entitled to reasonable notice and to be represented by a lawyer. The court may revoke probation and order the probationer to serve the suspended sentence or a lesser term (or, if imposition of sentence was suspended, impose any sentence it could originally have imposed), or it may modify the conditions, change the probation period or end probation. Total probation may not exceed 10 years (25 years for a felony sex offense). AS 33.05.070(a)-(d); AS 12.55.110(a); AS 12.55.090(b), (c) |
| Arizona | The sentencing court decides probation violations. A probation officer may rearrest a probationer without a warrant and bring the person before the court, and the court may issue a warrant for rearrest. At any time before probation ends the court may modify or add to the conditions or, if the probationer commits a new offense or violates a condition, revoke probation 'in accordance with the Arizona rules of criminal procedure'. If the court revokes probation while the person is serving more than one probation term, it may order consecutive prison terms. The court may also terminate probation early when the ends of justice are served. A.R.S. § 13-901(E)-(G) |
| Arkansas | Probation or a suspended sentence may not be revoked except after a revocation hearing, conducted by the court that suspended imposition of sentence within a reasonable time after arrest, not to exceed 60 days. The defendant must get written notice of the hearing and the condition allegedly violated, and may hear and challenge the evidence, offer evidence, be represented by counsel, and confront and cross-examine adverse witnesses unless the court finds good cause not to allow it; the rules of evidence do not strictly apply. The court may revoke if it finds by a preponderance of the evidence that the defendant inexcusably failed to comply with a condition, and must give a written statement of the evidence and reasons. After revocation the court may impose any sentence that might have been imposed originally for the offense, including extending the period of probation, within the statutory limits. For technical or serious conditions violations, the defendant is normally confined for set periods instead of being revoked, and becomes subject to revocation only after two such confinements, unless the State proves by a preponderance of the evidence that the defendant poses a threat to the community. Ark. Code §§ 16-93-307(b), (c); 16-93-308(d), (g), (i) |
| California | If a probation, parole or peace officer has probable cause to believe a person on probation, mandatory supervision or postrelease community supervision is violating a condition, the officer may rearrest the person without a warrant, or the court may issue a warrant. The court (on its own motion), the probation officer, the district attorney or the supervised person can ask the court to modify, revoke or terminate supervision, and a supervising agency can use the Judicial Council's Petition for Revocation (form CR-300); the court in the county where the person is supervised hears it. The court may revoke supervision if the interests of justice require and it has reason to believe the person violated a condition or committed new offenses, but supervision may not be revoked solely for failing to pay restitution, fines or fees unless the person willfully failed to pay and was able to. On a violation the judge may make any disposition authorized by statute and, in deciding whether to permanently revoke, may consider the nature of the violation and the person's past performance on supervision. If supervision is revoked and the judge sends the person to prison or county jail, a previously suspended imposition of sentence is decided based on circumstances when supervision was granted, and a previously suspended execution of sentence is ordered into effect. Cal. Pen. Code § 1203.2(a), (b)(1); Cal. Rules of Court, rule 4.435; Judicial Council form CR-300 |
| Colorado | The court that granted probation decides violations at a revocation hearing; there is no jury. The probationer is advised of the charges and possible penalties and pleads guilty or not guilty. The prosecution must prove a violation by a preponderance of the evidence, except that a new crime must be proved beyond a reasonable doubt unless the person has already been convicted of it; failure to pay fees, costs or restitution is prima facie evidence of a violation, and hearsay may be received if the person can rebut it. A probationer in custody must get a hearing within 14 days after the complaint is filed unless delayed for good cause. Within seven days after finding a violation the court must revoke or continue probation; if it revokes, it may impose any sentence or probation that could originally have been imposed. C.R.S. § 16-11-206 |
| Connecticut | A judge decides probation violations in Connecticut. The court may issue an arrest warrant or a notice to appear, and a probation officer may arrest without a warrant or have police arrest the person. At the hearing, the person is told how they allegedly violated probation, may have a lawyer (a public defender if they cannot afford one), and may cross-examine witnesses and present evidence; the charge must generally be resolved or set for hearing within 120 days of arraignment. If the violation is proved by reliable and probative evidence and by a preponderance of the evidence, the court may continue probation, modify or enlarge the conditions, extend the period (within the limits of § 53a-29), or revoke probation and order the person to serve the suspended sentence or a lesser sentence. Revocation is mandatory when the violation was a serious firearm offense or the person is a serious firearm offender. Conn. Gen. Stat. § 53a-32 |
| Delaware | A judge decides probation violations in Delaware. The court may issue an arrest warrant or a notice to appear, and a probation officer may arrest a probationer without a warrant when the officer believes a condition was violated; bail rules for criminal charges apply. The court must hold a hearing without unnecessary delay, and the statute says the hearing may be informal or summary. If the violation is established, the court may continue or revoke probation and may require the person to serve the original sentence or any lesser sentence, or, if sentencing had been suspended, impose any sentence that could originally have been imposed. The Department of Correction may handle technical and minor violations administratively with short stays at Level IV or home confinement, but not new arrests or convictions. 11 Del. C. § 4334 |
| District of Columbia | In D.C., the court that imposed probation handles violations. At any time during probation the court may modify the terms and conditions, end probation early, or revoke probation, have the person rearrested, and require the person to serve the original sentence or pay the original fine (or both) or any lesser sentence; if sentencing had been suspended, the court may impose any sentence that could originally have been imposed. Time spent on probation does not count toward the sentence if probation is revoked. For drug-use violations or failure to follow drug treatment, the court may also order temporary custody for treatment or compliance, and a positive marijuana test is not a violation unless the court specifically prohibited marijuana. D.C. Code § 24-304 |
| Florida | In Florida, a judge decides probation violations. Police or a probation officer may arrest a probationer without a warrant when there are reasonable grounds to believe a material violation occurred, or the judge may issue a warrant or, in some cases, a notice to appear; filing a violation affidavit pauses (tolls) the probation period. If the person does not admit the violation, the court must give the person an opportunity to be fully heard in person or through a lawyer. After the hearing, the court may revoke, modify or continue probation or place the person on community control; if probation is revoked, the court may impose any sentence it could have originally imposed. For a first low-risk technical violation by a probationer who is not a violent felony offender of special concern, the court generally must modify or continue probation rather than revoke it, and probation officers may use an alternative sanctioning program for technical violations. Fla. Stat. § 948.06(1), (2) |
| Georgia | The sentencing court decides probation violations at a revocation hearing, and may not revoke any part of a probated or suspended sentence unless the defendant admits the violation or it is proven 'by a preponderance of the evidence.' For a violation of a general condition (other than a new felony), the court must consider alternatives such as community service or a probation detention center, and may otherwise revoke the balance of probation or 'not more than two years in confinement, whichever is less.' For a new felony offense, the court may revoke up to the lesser of the remaining probation or the maximum sentence for that felony; for violation of a written special condition, the court may require the person to serve 'the balance or portion of the balance' of the sentence. O.C.G.A. § 42-8-34.1(b)-(e) |
| Hawaii | In Hawaii, a judge decides probation violations after a hearing, on application of the probation officer, prosecutor or defendant, or on the court's own motion. All sides get written notice of the hearing and the grounds, may present evidence, and the defendant has the right to a lawyer; the Hawaii rules of evidence do not apply except for privileges. The court must revoke probation if the defendant inexcusably failed to comply with a substantial condition or was convicted of a felony, and may revoke it for conviction of another (non-felony) crime; it may instead modify or add conditions if that will help the defendant lead a law-abiding life. On revocation, the court may impose any sentence that could originally have been imposed. For drug-possession or drug-use violations, the court may require substance abuse treatment, and for violations linked to a mental disorder, mental health treatment, as a condition of continued probation. HRS § 706-625 |
| Idaho | A judge handles probation violations. At any time during probation the court may issue a warrant and have the person arrested; after a summary hearing the court may revoke probation and order the suspended sentence carried out, continue probation, or impose any sentence that could originally have been imposed. The court may also extend the probation period at any time, but probation with extensions may not exceed the maximum prison term for the crime. If judgment was withheld, the court may pronounce any judgment it originally could have; time spent at large on a suspended sentence does not count toward the sentence, but the person gets credit for jail time served after a probation-violation bench warrant or arrest. In deciding whether to continue or revoke, the court must consider the person's risks and needs and community treatment options. Idaho Code §§ 20-222(1)-(2), 19-2603 |
| Illinois | A judge decides probation violations after a petition is filed. The court may send a notice, issue a summons, or issue an arrest warrant if the person may flee, may cause serious harm, or fails to answer a summons; filing and service pauses (tolls) the probation term. The court must hold a hearing in open court, with the right to counsel, confrontation and cross-examination, and the State must prove the violation by a preponderance of the evidence. If a violation is found, the court may continue probation with or without changing or adding conditions, or impose any other sentence that was available at the original sentencing. Probation cannot be revoked for failure to pay money unless the failure is a willful refusal to pay, and for minor technical violations the probation agency may instead offer intermediate sanctions. 730 ILCS 5/5-6-4(a)-(e), (i) |
| Indiana | A judge decides probation violations. When a petition to revoke is filed, the court may issue a summons, or an arrest warrant if the person may flee or harm others, and this pauses the probation period. The court must hold a hearing (a person held without bail may not be jailed more than 15 days without one) unless the person admits the violation and waives the hearing; the State must prove the violation by a preponderance of the evidence, in open court, with the right to confront witnesses and to a lawyer. If a violation is found, the court may continue probation with or without changed conditions, extend probation for not more than one (1) year beyond the original period, or order all or part of the suspended sentence served. Probation cannot be revoked for failure to pay unless the failure to pay was reckless, knowing or intentional. Ind. Code § 35-38-2-3(a)-(h) (IPAC compilation, Indiana Code 2022); § 35-38-2-3(h) as quoted in Dickerson v. State, No. 25A-CR-1787 (Ind. Ct. App. Dec. 31, 2025) (mem.) |
| Iowa | A probation officer who has probable cause to believe a person violated probation proceeds by arrest or summons, and the judge or magistrate who placed the person on probation (or another with jurisdiction) decides the case; the initial appearance, probable cause hearing and revocation hearing may be combined if the person is not prejudiced. If the violation is established, the court may continue probation with or without changed conditions; hold the person in contempt and impose a jail term while continuing probation; place the person in a violator facility; extend probation for up to one year; or revoke probation and require the person to serve the sentence imposed or any lesser sentence. If sentencing had been deferred, the court may impose any sentence that could originally have been imposed. Iowa Code § 908.11 (Iowa Code 2026) |
| Kansas | During probation the court may issue an arrest warrant or a notice to appear, and a court services or community corrections officer may arrest a probationer for a violation. Unless the person waives it, the court must hold a hearing in open court without unnecessary delay; the State has the burden of establishing the violation, and the person has the right to a lawyer (appointed if needed) and to present witnesses and evidence. For most felony probations the court must generally use graduated sanctions first: continue or modify probation, or impose short two- or three-day jail sanctions (no more than 18 days total), and revoke and order the sentence served only after such a sanction, unless an exception applies, such as a new crime, absconding, public-safety findings, or probation granted by a departure. For misdemeanors the court may continue or modify probation with up to 60 days in county jail, impose the two- or three-day jail sanctions, or revoke probation and require the sentence (or a lesser one) to be served. K.S.A. 22-3716(a), (b)(2)-(4), (c)(1), (c)(7) |
| Kentucky | A judge decides probation violations. Before probation ends, the court may summon the person or issue an arrest warrant on probable cause that a condition was violated, and a probation officer (or a peace officer at the officer's direction) who sees a violation may arrest without a warrant. Except for graduated sanctions imposed by the Department of Corrections under KRS 439.3108, the court may not revoke or modify probation except after a hearing, with the person represented by counsel, following written notice of the grounds. State law provides that supervised individuals face revocation and possible incarceration when the failure to comply is a significant risk to prior victims or the community and cannot be appropriately managed in the community; otherwise they are subject to lesser sanctions suited to the violation. KRS 533.050, 439.3106(1) |
| Louisiana | After an arrest for a probation violation, a defendant held in custody must be brought before the court within thirty days for a hearing; if a summons was issued or the defendant is on bail, the court sets a violation hearing within a reasonable time. The judge decides, and the hearing may be informal or summary. If the court finds the defendant violated (or was about to violate) a condition, it may reprimand and warn, intensify supervision, add conditions, order up to six months in a community rehabilitation center in some cases, or revoke probation, in which case the defendant serves the suspended sentence. For a first 'technical violation' by someone not on probation for a crime of violence or a sex offense, the court may impose not more than ninety days without diminution of sentence and then return the person to probation; new felony arrests, most drug offenses, weapon possession and absconding are not treated as technical violations. La. C.Cr.P. art. 900(A) |
| Maine | A motion to revoke probation must be approved by the prosecutor and filed within 3 business days of an arrest; a person held in custody gets an initial appearance within 5 business days, where the court explains the alleged violation and the right to a hearing and to a lawyer (appointed if the person cannot afford one). A judge decides at a hearing where the person may confront and cross-examine witnesses and present evidence. The court may revoke probation if it finds by a preponderance of the evidence that the person committed a new crime or inexcusably failed to comply with a probation condition. On finding a violation, the court may vacate all, part or none of the suspended prison sentence or fine; the remaining suspended portion stays subject to later revocation. 17-A M.R.S. §§ 1811, 1812(2)-(4), (6) |
| Maryland | On sworn written charges that a person violated probation, the court may issue a warrant or notice requiring the person to appear, answer the charge, and have a hearing date set; pending the hearing the court may hold the person or release the person with or without bail. A judge decides at the hearing. If the court finds a violation, it may revoke probation. For a technical violation, jail is presumptively limited to not more than 15 days for a first, 30 days for a second, and 45 days for a third technical violation; for a fourth or later technical violation, or a violation that is not technical (such as a new crime), the court may impose any sentence that could originally have been imposed. The court may exceed the technical-violation limits only if it finds on the record that following them would create a risk to public safety, a victim, or a witness. Md. Code, Crim. Proc. § 6-223 |
| Massachusetts | A probation officer may arrest a person on probation without a warrant and bring the person to court, or the court may issue a warrant; the probationer then has a probation surrender (violation) hearing before a judge. If the person has not yet been sentenced, the court may sentence the person or make another lawful disposition; if a sentence was suspended, the court may continue the suspension or revoke it, in which case the sentence takes full effect. When the probation involves a felony, the district attorney gets a copy of the notice of surrender and may be heard and present evidence at the hearing. Only a judge (or a person exercising a magistrate's powers) may make the findings and orders. M.G.L. c. 279, § 3 |
| Michigan | Probation in Michigan is 'a matter of grace,' and revocation and incarceration should be imposed only for repeated technical violations, new criminal behavior, or at the probationer's request. The probationer is entitled to a written copy of the charges and a revocation hearing before the judge; the hearing is summary and informal and the criminal rules of evidence do not apply. For a technical violation, jail is capped at 5, 10 and 15 days for the first three violations by someone on probation for a misdemeanor, and 15, 30 and 45 days for someone on probation for a felony; the court may not revoke probation for a technical violation unless the person has already been sanctioned for 3 or more technical violations. If probation is revoked, the court may sentence the person as if probation had never been granted. There is a presumption that a summons, not an arrest warrant, will be issued for a technical violation. MCL 771.4; MCL 771.4b |
| Minnesota | If a person appears to have violated probation, the court may revoke the stay and order the person taken into custody (or summoned); revocation is to be used only as a last resort when rehabilitation has failed. The person must be told in writing of the alleged grounds and, if they are contested, is entitled to a summary hearing before the judge with the right to be heard and to a lawyer. Under the Minnesota Rules of Criminal Procedure, the hearing determines whether clear and convincing evidence of a violation exists and whether probation should be revoked. If a violation is found, the court may continue probation (with or without intermediate sanctions) or execute the previously stayed sentence; if no violation is found, the person is restored to probation. For certain first-time technical violations (such as drug or alcohol use or failing to keep a job), the law states that policies favoring continued probation outweigh the need for confinement. Minn. Stat. § 609.14, subds. 1, 1a, 2, 3, 4; Minn. R. Crim. P. 27.04 |
| Mississippi | If a probationer breaks a condition of probation or a lawful instruction of the supervising officer, the supervising officer or the prosecutor may ask the sentencing court to revoke or modify probation, and the court may issue an arrest warrant or a summons (Rule 27.1). After an arrest an informal preliminary hearing is held as the statute prescribes (Rule 27.2), and the revocation hearing is held before the sentencing court; the probationer may attend, may have a lawyer, and an indigent probationer gets appointed counsel when he or she makes a colorable claim of innocence or of substantial reasons that would make revocation inappropriate (Rule 27.3(a), (c), (d)). 'The judge must find by a preponderance of the evidence that a violation of the conditions of probation or the instructions occurred,' and hearsay may be received (Rule 27.3(f)(1)). If a violation is found, the judge 'may revoke, modify, or continue probation' (Rule 27.3(g)); jail may not automatically follow nonpayment of fines, restitution or costs unless the court finds on the record the probationer could have paid but refused (Rule 27.3(f)(3)). Miss. R. Crim. P. 27.1, 27.2, 27.3 |
| Missouri | The prosecutor may file a motion to revoke probation, or the court may order the probationer to appear to answer a violation charge; the court may issue an arrest warrant and suspend the probation term while the motion is pending (§ 559.036.7). Probation 'shall not be revoked without giving the probationer notice and an opportunity to be heard' on whether a condition was violated and whether revocation is warranted, and at least five business days before the hearing the judge must tell the probationer he or she may have the right to ask for appointed counsel (§ 559.036.6). On a violation the court may continue probation, modify or enlarge the conditions, or extend the term (§ 559.036.2-.3). For many class D or E felony and drug cases, unless the probationer consents to revocation, the court must first order a 120-day Department of Corrections program instead of revoking, unless the violation involves absconding, a new arrest or offense, weapons, or a stay-away condition (§ 559.036.4). Otherwise the court may revoke and execute the sentence already imposed, or impose any authorized sentence if sentencing had been suspended (§ 559.036.5). RSMo § 559.036 (effective Aug. 28, 2022) |
| Montana | On a petition showing probable cause that an offender violated a condition of a suspended or deferred sentence, the judge may order a revocation hearing and may issue an arrest warrant; the offender must be brought before the judge within 60 days of arrest and told at least 10 days before the hearing of the allegations and the right to present evidence, question witnesses and have counsel (§ 46-18-203(1), (5)). 'At the hearing, the prosecution shall prove, by a preponderance of the evidence,' that a violation occurred (§ 46-18-203(7)). If a violation is found, the judge may continue the sentence unchanged, continue it with modified conditions (including up to 9 months in a secure facility or community corrections program), revoke the suspension and impose a sentence no longer than the original, or, for a deferred sentence, impose any sentence that could originally have been imposed (§ 46-18-203(8)). If the violation is not proven, the petition must be dismissed and the offender released (§ 46-18-203(9)). MCA § 46-18-203 |
| Nebraska | When a motion or information to revoke probation is filed, the probationer is entitled to prompt consideration by the sentencing court, and the court 'shall not revoke probation or increase the probation requirements imposed on the probationer, except after a hearing upon proper notice where the violation of probation is established by clear and convincing evidence.' The probationer may receive written notice of the grounds, hear and challenge the evidence, offer evidence and have a lawyer (§ 29-2267(1)-(2)). For a felony probationer, revocation for a substance-abuse or noncriminal violation may be started only after the person has served ninety days of cumulative custodial sanctions in the current term (§ 29-2267(3)). If a violation is found, the court may revoke and impose any sentence that could originally have been imposed, or instead give a reprimand and warning, intensify supervision, add conditions, impose a custodial sanction on a felony probationer, or extend the term; a violation of post-release supervision may lead to imprisonment up to the original supervision period (§ 29-2268). Neb. Rev. Stat. §§ 29-2267, 29-2268 |
| Nevada | When a probationer is arrested for a violation, the court considers the system of graduated sanctions adopted by the Division of Parole and Probation, if applicable (NRS 176A.630(1)). For a violation that is not a 'technical violation' (for example, a new felony or gross misdemeanor, domestic battery, DUI, a violent crime, or absconding), the court may continue or revoke probation, order residential confinement, execute the sentence, or reduce the prison term and execute it. For technical violations, once graduated sanctions are exhausted, the court may continue probation, order residential confinement, or temporarily revoke probation with imprisonment of up to 30 days for the first, 90 days for the second and 180 days for the third temporary revocation, with full revocation for a fourth or later revocation (NRS 176A.630(2)). A probationer held for a technical violation must be brought before the court within 15 calendar days or be released, and gets credit for time served while waiting (NRS 176A.630(3)-(4)). Drinking alcohol, a positive drug or alcohol test, failing a treatment program, failing to keep a job, failing to pay fines or fees, or failing to report a change of address cannot by itself be the only basis for revocation (NRS 176A.630(6)). NRS 176A.630, 176A.510 |
| New Hampshire | A probation or parole officer may arrest a probationer without a warrant when the officer has reason to believe the probationer committed a new crime or is a danger to public safety, or there is probable cause to believe the person will abscond or reoffend (RSA 504-A:4, I). If the sentence allows it, the officer may impose a 1-to-7-day county jail sanction instead of a violation hearing (up to 30 days in total over the probation period) if the probationer waives counsel and a hearing; if the probationer objects, a violation of probation hearing must be held, and the short sanction cannot be used for a violation that could be a separate felony (RSA 504-A:4, III; RSA 651:2, V(i)). If the court finds a violation, it may continue probation, modify the conditions, extend the period (if the probationer agrees and within the 5-year felony / 2-year misdemeanor limits), or revoke probation and impose a fine or imprisonment as authorized for the offense (RSA 651:2, VII). RSA 504-A:4; RSA 651:2, V, VII |
| New Jersey | The court decides probation violations. Before the probation ends, the court may summon the person or issue an arrest warrant, and a probation or peace officer with probable cause may arrest without a warrant. The court may not revoke probation, or add, delete or modify conditions, except after a hearing on written notice of the grounds; the person may hear and contest the evidence, offer evidence, and be represented by counsel. If the court is satisfied the person 'inexcusably failed to comply with a substantial requirement' of probation or was convicted of another offense, it may revoke probation and impose any sentence that might have been imposed originally. Revocation may not be based on failure to pay a fine or restitution unless the failure was willful, and starting a revocation proceeding tolls (pauses) the probation period. N.J.S. 2C:45-3; N.J.S. 2C:45-4 |
| New Mexico | A district judge decides probation violations under Supreme Court Rule 5-805. If it appears a probationer violated probation, the court may issue an arrest warrant (with or without release conditions) or the court or probation office may issue a notice to appear. If revocation is recommended, the probation office reports the facts to the district attorney and the court, and the district attorney must within five days either file a motion to revoke probation listing each alleged violation or file a notice of intent not to prosecute. An initial hearing must begin within thirty days of the motion and an adjudicatory hearing within sixty days after the initial hearing; a jailed probationer must be released back to supervision if those deadlines are missed, and the court may dismiss the motion. Some judicial districts run a technical-violation program in which a probationer may agree to automatic sanctions for violations that do not involve new criminal charges. Rule 5-805 NMRA |
| New York | A judge decides a probation violation at a hearing that is 'a summary one by the court without a jury.' The court files a written statement of the condition allegedly violated and when, where and how it was violated; the person may cross-examine witnesses, present evidence, and is entitled to counsel at all stages, and the court must grant a reasonable adjournment to prepare. A finding of violation 'must be based upon a preponderance of the evidence.' If a violation is found, the court may revoke probation and impose a new sentence, or continue or modify the probation (and may extend it within the Penal Law limits); time already served on probation and time in custody are credited. N.Y. Crim. Proc. Law § 410.70 |
| North Carolina | A judge decides probation violations and may reduce, terminate, continue, extend, modify or revoke probation. The court may revoke probation only if the person committed a new criminal offense or absconded (willfully avoided supervision); for other violations by a person on felony probation the court may order a 90-day period of confinement, and may revoke only after the person has already received two such periods. Before revoking or extending probation the court must hold a hearing (unless waived) with at least 24 hours' written notice of the alleged violations; the person may speak, present information, confront and cross-examine adverse witnesses unless the court finds good cause, and is entitled to a lawyer (appointed if indigent). Formal rules of evidence do not apply, and the court must make findings to support its decision. An arrested probationer generally gets a preliminary probable-cause hearing within seven working days. N.C. Gen. Stat. §§ 15A-1344(a), (d2); 15A-1345(c)-(e); 15A-1343(b)(1), (b)(3a) |
| North Dakota | If there is probable cause to believe a probationer violated a condition, the court that placed the person on probation may hold a hearing; a probation officer or peace officer may take the person into custody, and bail may be allowed pending the hearing. The hearing is in open court with the probationer present, prior written notice of the alleged violation, and counsel (retained or appointed) unless waived; the probationer may make a statement and present mitigating evidence. If the violation is contested, 'the prosecution must establish the violation by a preponderance of the evidence.' The court may continue probation with or without modified or enlarged conditions, or revoke probation and impose any sentence that was available at the original sentencing. N.D.R.Crim.P. 32(f); N.D.C.C. § 12.1-32-07(6) |
| Ohio | Ohio calls felony probation 'community control.' If a person violates its conditions, violates a law, or leaves the state without permission, the sentencing court may impose a longer time under the same sanction (within the five-year limit), a more restrictive sanction (such as a community-based correctional facility, halfway house, or jail), or a prison term. For a purely technical violation, a prison term may not exceed ninety days on a fifth-degree felony or one hundred eighty days on a non-violent, non-sex fourth-degree felony (or the remaining community-control or reserved-prison period, if shorter). R.C. 2929.15(B) |
| Oklahoma | In Oklahoma probation is usually a suspended sentence. A suspended sentence cannot be revoked, in whole or in part, unless the district attorney files a petition stating the grounds and competent evidence justifying revocation is presented to the court at a hearing held within twenty (20) days after the person pleads not guilty to the petition (unless both sides waive it). A revocation based only on a technical violation (breaking a probation rule rather than, for example, committing a new crime, failing to pay restitution, or tampering with a monitor) may not exceed six (6) months for a first revocation and five (5) years for a second or later revocation. For technical violations by people supervised by the Department of Corrections, a hearing officer decides by a preponderance of the evidence whether a violation occurred and may impose intermediate sanctions such as short-term jail, treatment, community service, curfews or fines; those sanctions can be appealed to the district court. Failure to pay fines and costs cannot be the basis for revocation unless the nonpayment was willful (restitution excepted). 22 O.S. § 991b(A)-(D) |
| Oregon | In Oregon the court may issue a warrant for a probationer who violates conditions, and a probation officer or police officer may arrest without a warrant. The probation officer may impose structured, intermediate sanctions if the person agrees; otherwise the violation is reported to the court. The probationer must be brought before a magistrate within 36 hours of custody (excluding weekends and holidays), and if the revocation hearing is not held within 14 calendar days of arrest or detention the probationer must be released unless good cause is shown. For a misdemeanor or a felony committed before November 1, 1989, the court may, after a summary hearing, revoke probation and impose any sentence that could originally have been imposed; for felonies committed on or after November 1, 1989, the court may revoke probation and impose a sanction under Oregon Criminal Justice Commission rules. The court may also continue or extend the period of probation. ORS 137.545(1)-(3), (5)-(6) |
| Pennsylvania | A Pennsylvania court may revoke probation, increase its conditions, or impose a brief sanction only after a hearing at which it considers the sentencing record and evidence of the person's conduct on probation. On revocation, the court may impose any sentence that was available at the original sentencing, giving due consideration to time served on probation. There is a presumption against total confinement for technical violations: jail is allowed only for a new conviction, a technical violation shown by clear and convincing evidence to pose an identifiable threat to public safety, or a technical violation shown by a preponderance of the evidence that was sexual, assaultive, involved a weapon or drug dealing, absconding, or repeated program failures. Confinement for a first technical violation is capped at 14 days and a second at 30 days; probation cannot be extended or revoked solely for unpaid fines or costs unless the person was able to pay and willfully refused. 42 Pa.C.S. § 9771(b)-(d) |
| Rhode Island | In Rhode Island, when a probationer violates the terms of probation, the police or probation authority informs the attorney general, who brings the person before the court; the court may hold the person without bail for up to ten (10) days (excluding weekends and holidays). The court must hold a hearing within thirty (30) days of arrest unless the person waives it, and the person may be present and respond. If the court finds a violation by a fair preponderance of the evidence, it may remove the suspension and order the person to serve the previously imposed sentence or a lesser one, impose a sentence if none was imposed, stay all or part of the sentence, continue the suspension, or convert probation into a suspended sentence, following judicial sentencing benchmarks. R.I. Gen. Laws § 12-19-9 |
| South Carolina | In South Carolina the court or the probation agent may have a warrant issued for a probationer who violates conditions, and the agent must report the arrest to the judge with a written report of how probation was violated. The person is entitled to be released on bond pending a hearing. When the person is brought before the court, the judge may revoke probation or the suspension of sentence and deal with the case as if there had been no probation, and has discretion to require the person to serve all or only a portion of the suspended sentence; any unserved remainder stays in effect while probation continues. S.C. Code §§ 24-21-450, 24-21-460 |
| South Dakota | A South Dakota court that grants probation or a suspended execution of sentence keeps jurisdiction to revoke it for violating its terms and conditions. For a first-time felony offender given a suspended imposition of sentence, the court may revoke the suspension at any time during probation and impose and execute sentence without credit for any of the probation period. When part of a prison sentence is suspended, the defendant is supervised by the Department of Corrections and the Board of Pardons and Paroles, and the board (not the court) has jurisdiction to revoke the suspended portion for violations; an entirely suspended prison sentence is generally supervised by the sentencing court. SDCL 23A-27-18.5, 23A-27-13, 23A-27-18.4 |
| Tennessee | When a probationer is charged with a violation, the trial judge may issue an arrest warrant (or, for a technical violation, a criminal summons). At the revocation hearing the defendant has the right to be present, to counsel, and to present testimony. The judge must find by a preponderance of the evidence that the defendant violated the conditions of probation. The judge may not revoke probation for a felony offense based on a single instance of a technical violation (breaking a probation rule without a new crime); for technical violations the judge may order short periods of incarceration capped at 15 days for a first revocation, 30 days for a second and 90 days for a third, with the rest of the sentence available on a fourth or later. On revocation the court may order the sentence served in full or in part, or return the person to probation for the rest of the unexpired term. Since 2022, contacting the victim in violation of a probation condition is also a ground for revocation. Tenn. Code Ann. § 40-35-311(a), (b), (d), (e); 2022 Tenn. Pub. Acts ch. 1060 (HB 2118 / SB 2288) |
| Texas | Probation is called community supervision in Texas. The judge may issue a warrant for a violation of any condition, and the arrested person must be brought before the judge (or a magistrate) within 48 hours; only the judge who ordered the arrest may set bail. After a hearing without a jury, the judge may continue, extend, modify, or revoke the community supervision. If the only alleged violation is failing to pay supervision fees or court costs, the state must prove by a preponderance of the evidence that the person was able to pay and did not. Tex. Code Crim. Proc. art. 42A.751(b)-(d), (i) |
| Utah | A probation violation starts with a sworn affidavit or declaration describing the violation; if the judge finds probable cause, the person is served with an arrest warrant or the affidavit plus an order to show cause, at least five days before a hearing. At the hearing the person may have a lawyer (appointed if indigent), admit or deny the allegations, question the witnesses against them, call witnesses and present evidence. The court may not revoke or extend probation without a hearing and a finding of a violation (extension can also follow a waiver). If a violation is found, the court may terminate, revoke, modify, continue or reinstate probation, and may order jail consistent with the sentencing guidelines, treatment, execution of the original sentence, or another sanction; total probation cannot exceed the maximum sentence. Utah Code § 77-18-108(2)-(4) |
| Vermont | Only a court can revoke probation, and only after a hearing in open court with prior written notice of the alleged violation and a right to a lawyer (appointed if needed). If the person contests it, the State must prove the violation by a preponderance of the evidence. The court may revoke probation and impose the suspended sentence (or order it served in the community) only if confinement is needed to protect the public, the person needs correctional treatment best provided in confinement, or not revoking would unduly depreciate the seriousness of the violation. Alternatives include continuing probation, changing or adding conditions, a conference or warning, or serving part of the sentence; a revocation order can be appealed. 28 V.S.A. §§ 302, 303, 304 |
| Virginia | The court that suspended the sentence decides probation violations, after a hearing, and must issue process to notify the person within set deadlines (generally 90 days after learning of the violation). If the court finds good cause to believe the terms were violated, it may revoke the suspended sentence and impose time, then suspend it again with new probation terms; absconding can extend probation. For a 'technical violation' (such as failing to report as instructed, using drugs, or changing residence without permission, without a new crime), the court may not impose active jail for a first violation, there is a presumption against it for a second (at most 14 days, found by a preponderance of the evidence), and any sentence is possible for a third or later one. A new criminal conviction or other non-technical violation allows the court to impose any or all of the suspended time; revocation orders can be appealed. Va. Code §§ 19.2-306(A)-(E); 19.2-306.1(A)-(C) |
| Washington | For felony sentences, a person who violates a condition may be sanctioned by the court with up to 60 days' confinement per violation, or by the Department of Corrections with up to 30 days, or with alternatives such as work release, electronic home monitoring, work crew, treatment or curfew. If the person is supervised by the Department, the Department handles violations through a structured process: low-level violations can bring non-jail sanctions or up to three days in confinement (appealable), and high-level violations up to 30 days per hearing, after a hearing. If the person is not supervised by the Department, the court holds a show-cause hearing and the state must prove noncompliance by a preponderance of the evidence. Certain sentencing alternatives (such as the drug offender or special sex offender alternatives) can be revoked and the original sentence imposed. RCW 9.94A.633(1)-(3); 9.94A.6332; 9.94A.6333(2); 9.94A.737(1)-(4) |
| West Virginia | If there is reasonable cause to believe a probationer violated a condition of probation, a probation officer may arrest the person with or without a warrant, or the sentencing court may order the arrest, and the probationer must be brought before the court for a prompt and summary hearing. The judge decides. If the court finds reasonable cause to believe the probationer absconded, committed new criminal conduct (other than a minor traffic violation or simple possession of a controlled substance), or violated a special condition designed to protect the public or a victim, the court may revoke probation and order the original sentence carried out. For other violations, the court imposes up to 60 days of confinement for a first violation and up to 120 days for a second, and may revoke probation on a third. The court may instead release the probationer again if the interests of justice do not require confinement, unless the violation was a felony. W. Va. Code § 62-12-10 |
| Wisconsin | In Wisconsin a person on probation is in the custody of the Department of Corrections, and a violation is usually decided administratively rather than by the sentencing judge. If a probationer violates the conditions, the department may start a proceeding before the Division of Hearings and Appeals in the Department of Administration; unless the probationer waives it, a hearing examiner holds an administrative hearing and orders probation revoked or not revoked, and either side may ask the division administrator to review the order. If probation is revoked and the person was not yet sentenced, the person is brought back to court for sentencing; if a sentence was already imposed and stayed, the department orders the person to prison and the sentence begins when the person enters prison. Wis. Stat. § 973.10(1), (2) |
| Wyoming | Probation revocation in Wyoming starts with a petition filed by the prosecutor listing the conditions allegedly violated. If the petition shows probable cause, the court orders the probationer to appear (or, for good cause, issues a warrant), advises the person of the allegations and rights, and holds a hearing before a judge without a jury, within 15 days if the person is in custody on the revocation or 30 days if not. At the hearing the state must prove the violation by a preponderance of the evidence, and the probationer may have counsel, confront witnesses and present evidence. If the court finds a violation, it may deal with the case as if probation had never been granted (that is, impose or carry out the sentence); the court may also reduce, continue or extend the probation period within the statutory limits, and conditions can be modified on petition. Wyo. R. Crim. P. 39(a)-(b); W.S. 7-13-305(a), (c) |
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.