- Generally a probationer will be required to report regularly to a probation agent. Failure to report to the probation agent is the most common violation of probation.
- Defendants are commonly required to obtain employment and make payments toward their court costs or restitution, or both. Defendants may also be required to perform community service, attend drug or alcohol counseling, attend anger management programs, or complete other requirements that will help them to become contributing members of society.
- If a defendant violates probation, either the probation agent or a prosecutor must report the violation to a judge. The judge may then issue a warrant for the defendant's arrest, or schedule a date for the defendant to come to court.
- The state is required to prove that the defendant violated the terms of his probation; however, the standard of proof is usually lower than it would be in a criminal case. In a criminal case the state is required to prove the elements of a crime beyond a reasonable doubt, but this is rarely required during a violation-of-probation hearing.
- If the judge finds that the defendant has violated his probation, he can incarcerate the defendant or continue his probation. The defendant can be incarcerated for the balance of the sentence, which can be many years.
- Committing crimes while on probation will also cause a defendant to be found in violation of probation. A defendant can face significant jail time if he is convicted of a crime committed during his probationary period, because he can be sentenced for the new crime and incarcerated on the old crime.
