What happens if I violate my probation in Ohio?

A probation violation can lead to a hearing where a judge may decide to extend your probation, modify the terms to be stricter, or revoke your probation entirely and impose your original jail or prison sentence.

What are common defenses for a probation violation?

Defenses may include proving you did not actually violate the terms, showing the violation was unavoidable (e.g., medical emergency causing a missed meeting), or demonstrating substantial compliance otherwise to seek leniency.

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What Do I Do If I Am Accused of a Probation Violation?

If you are accused of a probation violation, immediately invoke your right to remain silent and request a lawyer. Do not answer questions, provide statements, or discuss the case with anyone other than your attorney—including family, friends, or on social media.

The immediate steps to protect your freedom and legal rights include the following:

1. Exercise Your Right to Remain Silent

Say nothing: Explicitly tell law enforcement or your probation officer, "I want to speak to a lawyer and I am invoking my right to remain silent."
No explanations: Do not attempt to "clear things up" or tell your side of the story without an attorney present. Innocent remarks can be manipulated and used against you.
No recorded calls: Be aware that all calls from jail (except those to your attorney) are recorded. Do not discuss the facts of your case over jail phones, text messages, or letters.

2. Secure Legal Representation

Get a criminal defense lawyer: Hire an experienced criminal defense attorney who knows how to navigate probation revocation hearings effectively.
Use a Public Defender: If you cannot afford a private lawyer, the court will appoint a public defender to ensure your rights are represented.
Be transparent with your lawyer: Your conversations with your lawyer are protected by attorney-client privilege. Tell them every detail and fact you know so they can build an effective defense.

3. Prepare for Your Hearing

Gather evidence: A probation violation hearing has a lower burden of proof than a criminal trial. Your attorney will help gather evidence of compliance or mitigating circumstances.
Challenge accusations: We will work to challenge false accusations from your probation officer or law enforcement to keep you out of jail.

4. Locate Local Legal Support

If you are located in or near Franklin, Ohio, you fall under the jurisdiction of the Warren, Montgomery, or Butler County legal systems. To protect your life and freedom, you need highly-rated local criminal defense attorneys who understand the local courts.

The Law Office of David A. Chicarelli Co., LPA brings unparalleled authority to the courtroom. Our firm has extensive public service experience, including serving as a Judge and Magistrate in the Warren County Court, and serving as Law Director and Prosecutor for the City of Carlisle. We have evaluated cases from the judge's bench and prosecuted them on behalf of the state—we know exactly how the state builds its case against you.