If a person receives probation then they will need to abide by the conditions of the probation and agree to keep the peace and be of good behavior. A probationary period is a period of extreme risk! If a person violates his probation by being arrested for a new crime then the person may be held in Jail at the ACI as a probation violator. After ten days a person has the right to a hearing. Article by Rhode Island Criminal Law Attorney David Slepkow 401-437-1100
A person who is facing a probation violation hearing should retain a Rhode Island Criminal law attorney or if eligible should Contact the Rhode Island Office of the Public Defender. If a person is eligible they will receive a free attorney from the Public Defender.
At the probation violation hearing, the prosecutor must only convince the judge so that the judge is “reasonably satisfied” that the person violated the probation by committing the new offense. Also the person will be prosecuted for the new offense as a separate charge from violating the probation. There is a good chance that if a person is violated for his probation that the probation which was originally not a conviction will now ripen into a conviction. At the violation hearing the prosecutor has all of the leverage and power to coerce a plea because it is very easy to prove a probation violation and the prosecutor can threaten additional jail time as a result of the probation violation.
A probationary period is a time of great risk for a defendant and a defendant must be careful to stay out of trouble! A person must be even more vigilant if there is a no contact order, order protection from Abuse from The Rhode island Family Court or restraining order in effect. A violation of a no contact order or a restraining order is a violation of probation.
A person with a suspended or stayed sentence faces the most potential risk regarding violation of probation in RI. As a result of a probation violation, A person with a suspended sentence could be ordered to serve the remainder of the suspended sentence at the adult correctional institution (ACI)
For Example, a person with a probation sentence may get themselves deeper into trouble when they resume communications and contact with their wife or girlfriend despite the fact that a no contact order is in effect. If there is an argument or allegations of domestic assault or abuse, the police may arrest the person and hold him/her at the aci as a probation violator as well as new charges for domestic assault and violation of a no contact order or restraining order.
A person can also be violated for his probation for various infractions that may not be criminal acts but that violate the conditions of probation such as not keeping probation informed of new addresses, leaving the state without permission, not paying court costs or restitution, not properly reporting to the probation officer, etc. These infractions are typically considered technical violations of probation. When a person is under probation in Rhode Island he or she is essentially is in a contract with the state to keep the peace, be of good behavior and comply with the conditions and rules of probation.