Nate made a mistake. Nate was caught in that mistake and arrested. Because Nate was a first-time offender, the judge allowed him to serve probation rather than be convicted and sentenced to jail time. Part of Nate’s probation requirements was that he did not leave the state. Thirty days into his probation, however, Nate’s sister was getting married just over the state line, and she wanted Nate to be an usher.

Nate didn’t think to clear this with his probation officer and attended the wedding. He was caught breaking probation in Delaware and is now facing the very real possibility of having his probation revoked, having a conviction entered into his record, and being sent to jail. What is Nate to do?

What Happens if You Break Probation?

There are essentially two types of Delaware probation violation: technical violations and new criminal offenses. Technical violations mean you fail to meet the terms of your probation. For example, you may miss curfew, fail to attend school or stay employed, as required by your probation.

New criminal offenses occur if you fail a drug test or are accused of a new DUI while out on probation for an existing traffic offense. Not reporting to your probation officer as required is also considered part of this category.

When it comes to probation violation, what to expect will depend largely on your history, the type of violation that has occurred and on your attorney. If you are a first-time offender and commit a technical probation violation due to extenuating circumstances you may have a better chance of avoiding jail time than someone with a history of convictions who has re-offended.

Context will matter a great deal. For example, if you missed curfew or failed to check in with a probation officer because you were seriously ill, this may be different than if you simply fail to notify your probation officer of a new residence.

Even the type of probation you have may matter. In Delaware, there are four types of supervision:

• Level I. Administrative Supervision is for first-time offenders and those with a low risk of offending again. They face the least restrictions on their freedom. They may have to pay a fine, take part in a program or make progress reports to the Court.
• Level II. The standard Probation/Parole program requires individuals to meet with their parole or probation officers regularly and to meet any other requirements established by the Court.
• Level III. Intensive supervision means anywhere from an hour of supervision daily to a total of up to 56 hours per week. Community service and monitoring of activities are also common with this level of supervision.
• Level IV. House arrest and electronic monitoring put the strictest limits on individual freedoms and usually involve strict enforcement by probation officers and other authorities.

In addition to the details of the case and history of the individual, an attorney can make a significant difference. An experienced criminal defense attorney can present any evidence of wrongful accusations or any extenuating circumstances.

For example, if an individual fails a drug test while on probation, an attorney can seek medical tests, if appropriate, which can prove a specific medication or medical condition could have affected the test. If a person fails to remain in school or stay employed, as demanded by probation terms, an attorney can present evidence of any good faith effort made to meet the terms of probation. If jail time is demanded, an attorney can work to keep the sentence as short as possible.

What Happens If I Violate Probation?

If you have violated the terms of your probation, your probation officer will usually report the violation, and you will be arrested. You will have to appear at a revocation hearing. You can have an attorney present at this hearing, where the judge will decide whether to revoke your probation or reinstate it.

If your probation is reinstated, you will have to meet the terms of your probation. If your probation is revoked, you will need to go to prison or jail for the rest of your sentence. You may also face a short time at a Violation of Probation Center before being re-released.

Understanding Probation Violation in Delaware

Breaking probation in Delaware is a serious offense. Fortunately, it doesn’t always mean the end of the line is inevitable. There are laws around breaking probation in Wilmington and surrounding areas, and a good probation violation lawyer in Delaware knows exactly what those laws are.

To be clear, you should avoid violating your probation at all costs. When you willfully and defiantly go against your probation terms, most judges don’t look on that behavior favorably. At the same time, many judges do understand simple mistakes or extenuating circumstances that caused you to break your probation accidentally.

The best way to handle a probation violation is to get control of it before it happens. If you know you need to travel out of state when your probation clearly says that you cannot, talk to your probation officer. Sometimes a probation officer is willing to give you a pass for a certain amount of time if you have been on good behavior and the reason for your request is reasonable.

If you cannot talk to your probation officer before the violation happens, however, contact your probation lawyer in Delaware immediately after the violation occurs. As when you were arrested, do not say anything to the arresting officer or anyone else. Whatever you say may be used against you at a later time. Your Wilmington probation attorney will advise you on what to and not to say, speaking for you in most cases.

What Can Happen After a Probation Violation in Delaware?

In many cases, the consequences of breaking probation in Delaware are left either to your probation officer or the judge. If it is a minor offense, and you can provide good reason as to why the offense occurred, there may only be a warning issued on your case. Having a warning isn’t a free pass, though. If you break probation again, even with good cause, you stand a far greater chance of facing more serious consequences than if you had never violated your probation previously.

If the violation of your probation was during the alleged commission of a criminal act, you should remain calm and call your Delaware or Wilmington probation attorney. Do not admit to anything, even if there is physical evidence or eyewitnesses against you.

Your lawyer will look at the facts surrounding the circumstances and build a defense case for you. There is no way to truly predict the outcome of these cases, as the law around breaking probation in Wilmington or anywhere in DE is complicated. However, your probation violation attorney will work very hard to try to keep you from going to prison. Call a lawyer today.