Скачать или смотреть 328) The difference btwn Technical & Substantive Probation Violations VOPs?

Thanks for asking me “What’s the difference between a Technical and Substantive Violation of Probation / VOP?”

There’s 2 types of probation violations, technical and substantive.

A technical violation occurs when you either fail to complete or you willfully and substantially breach any condition of your probation, whether standard or special, such as blowing a curfew, failing a U/A, missing a scheduled, appointment, not completing community service hours etc). A substantive violation means that you were arrested for a new crime that occurred after you were placed on probation.

Both technical and substantive violations are serious and either of them can result in a probation revocation and land you in jail. But, before you can be violated and sentenced for either a technical or substantive VOP you must first be afforded due process, and in the case of a VOP due process means that you’re entitled to notice, discovery, time to prepare and an evidentiary hearing.

In the end, if you’re found guilty of a technical violation of probation then you face the maximum sentence that you could have gotten before you were placed on probation, minus credit for any time that you actually spent in jail on that charge, but not including any time that you spent serving probation. A substantive violation of probation subjects you to sentencing just like a technical (i.e. the max minus CTS) but, if you’re ultimately found guilty of the new substantive charge then you’re also subject to a consecutive sentence on the new case.

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