5 Technical Violations That Get You Violated on Probation—And How to Avoid Them
Probation violations can happen unexpectedly, and many people don’t realize how easy it is to make a technical violation that could extend their supervision or even land them in jail.
Whether you’re on felony probation, misdemeanor probation, or community control, knowing the common probation mistakes can help you stay compliant.
In this guide, we’ll cover:
✅ The 5 most common probation violations
✅ The difference between willful and unwilful violations
✅ How violating special conditions can lead to trouble
✅ What happens if you’re arrested on probation (new law violations)
Bookmark this guide to avoid mistakes and successfully complete your probation!
Probation violations fall into two categories: technical violations and new law violations.
Technical violations happen when you fail to follow the conditions of probation without committing a new crime.
New law violations happen when you are arrested or charged with a new offense while on probation.
Not all technical violations are treated the same. Judges consider whether a violation was willful (intentional) or unwilful (beyond your control).
Here’s a breakdown of five common technical violations, the difference between willful and unwilful violations, and how new law violations affect probation.
🚨 Technical Violation #1: Missing a Probation Appointment
Willful vs. Unwilful Violation
Willful: You missed an appointment without a valid reason or failed to contact your officer.
Unwilful: You had an emergency (hospitalization, work conflict, transportation issue) but tried to notify your officer or reschedule.
Consequences & How to Avoid It
If you fail to communicate, your officer can report a violation.
If you have a valid excuse and proof, your officer may reschedule instead of filing a violation.
Best Practice: Always call ahead if you can’t make an appointment and provide proof of the emergency.
🚨 Technical Violation #2: Failing a Drug or Alcohol Test
Willful vs. Unwilful Violation
Willful: You knowingly used drugs or alcohol despite probation restrictions.
Unwilful: You tested positive due to secondhand exposure, a prescribed medication, or an unintentional mistake.
Consequences & How to Avoid It
Judges treat this seriously—especially for drug-related offenses.
Your officer may request proof of prescriptions or accidental exposure before filing a violation.
Best Practice: Avoid risky situations and report any prescribed medications in advance to avoid issues.
🚨 Technical Violation #3: Not Completing Court-Ordered Programs or Community Service
Willful vs. Unwilful Violation
Willful: You didn’t attend a required class or finish community service without trying to comply.
Unwilful: You had a valid reason (lack of transportation, medical issues, scheduling conflicts) but attempted to reschedule or complete the requirement.
Consequences & How to Avoid It
A judge may reinstate probation if you show effort and proof of attempts to comply.
If you made no effort, expect a violation and possible additional conditions or jail time.
Best Practice: Start early to avoid last-minute rush and communicate before missing deadlines.
🚨 Technical Violation #4: Traveling Without Permission
Willful vs. Unwilful Violation
Willful: You knowingly left the county or state without getting approval.
Unwilful: You were forced to leave due to an emergency (family death, job requirement) but didn’t have time to get approval.
Consequences & How to Avoid It
If you traveled without permission, you may be arrested if stopped by law enforcement.
Judges may be lenient in emergencies if you provide documentation.
Best Practice: Always request travel permits in advance—even for urgent trips. If you leave for an emergency, notify your PO ASAP.
🚨 Technical Violation #5: Falling Behind on Payments (Fines, Restitution, or Supervision Fees)
Willful vs. Unwilful Violation
Willful: You have the money but refuse to pay.
Unwilful: You are financially struggling but making an effort to pay small amounts or requesting alternatives.
Consequences & How to Avoid It
If you show good faith efforts, a judge may extend probation or allow alternatives (e.g., community service for fees).
If you ignore payments completely, expect a violation.
Best Practice: Make small payments regularly and communicate with your officer if you need an extension or payment plan.
🚔 Violations of Special Conditions
Certain special conditions of probation apply only to specific cases (e.g., DUI, domestic violence, drug offenses). Violating these can lead to a violation or even an arrest.
Example: Driving While License Is Suspended (DWLS)
If probation prohibits driving and you’re caught behind the wheel, it’s a direct violation.
If you are unaware of a suspended license, it may be considered an unwilful violation—but you’re still responsible for resolving it.
Best Practice: Check your license status before driving and always follow restrictions.
🚨 New Law Violations: What Happens If You’re Arrested on Probation?
A new law violation means you’ve been arrested or charged with a new crime while on probation.
What Happens Next?
Your PO must report the arrest to the court.
The judge may issue a no-bond warrant.
You may face both the new charge and a probation revocation hearing.
Can You Stay on Probation After a New Charge?
If the charge is dismissed or dropped, probation may continue.
If convicted, probation is usually revoked, and you may face additional penalties or jail time.
Best Practice: Avoid any risky situations that could lead to arrest—even being around illegal activity can put you at risk.
🔑 Key Takeaways: How to Stay Violation-Free
✅ Always communicate with your PO—honest updates can prevent violations.
✅ Document everything—missed appointments, payments, and program completions should all have proof.
✅ Stay ahead of deadlines—don’t wait until the last minute to complete conditions.
✅ Know the difference between willful and unwilful violations—courts may be more lenient if you can prove a violation was beyond your control.
✅ Avoid risky situations—whether it’s travel, new arrests, or failed tests, prevention is the best defense.
Need more guidance? Visit OACRA.com for tools, resources, and support to help you successfully complete probation. 🚀
