Probation Violations

In North Dakota, probation is a privilege granted by a judge who believes you have the ability to live a crime-free life and will benefit from a penalty that doesn’t involve incarceration. Probation can be granted as a separate sentence or as part of a split sentence, which means some time incarcerated and some time on probation.

Probation is a way of punishing people without locking them up in jail or prison. A judge will order certain conditions that the offender must follow during their term of probation. The offender must also follow all laws, remain employed and pay any fines or restitution ordered by the court.

Though you will most certainly have more freedom that if you were incarcerated, probation can come with some pretty strict rules and conditions.

If you violate any of the rules or conditions of your probation, you can be sent to jail or prison; if your violation is serious enough, you might even have to serve the remainder of your original sentence in jail or prison.

Unsupervised Probation

The judge may impose unsupervised probation as sentence for a misdemeanor offense. If you are convicted of a misdemeanor in North Dakota, you may be placed on unsupervised probation, which means that you do not have to report to a probation officer.

However, you must still abide by the terms and conditions of your probation. If you violate any of those conditions, your probation will be revoked and you may be sentenced to serve time in jail or prison.

Supervised Probation

A person on supervised probation is subject to far more limitations in their daily activities. This includes an order to remain law abiding, but also prohibits the consumption of drugs and alcohol.

Individuals on supervised probation also forgo their constitutional rights to privacy. They must submit to chemical testing at any time and allow law enforcement to search their property without a warrant. Freedom of movement to those on supervised probation is also severely limited. For instance, they often cannot leave the state of North Dakota without permission from their probation officer.

How Long Will I Be On Probation in North Dakota?

Section 12.1-32-06.1 of the North Dakota Century Code outlines the amount of time someone can be sentenced to probation if they are found guilty.

• Felony convictions: probation cannot extend 5 years past the order imposing probation; The defendant's release from incarceration; or the Termination of the defendant's parole – which ever date is latest.

• Class A misdemeanor convictions: probation cannot extend 2 years past the order imposing probation; The defendant's release from incarceration; or the Termination of the defendant's parole – which ever date is latest.

• Class B misdemeanor convictions: probation cannot extend 360 days past the order imposing probation; The defendant's release from incarceration; or the Termination of the defendant's parole – which ever is latest.

However, there are some additional aggravating factors that could cause your probation to be longer.

• If the defendant has pled or been found guilty of a felony sexual offense, the probation term can be at least five years, but not more than ten years to be served after incarceration.

• In cases where the defendant has pled or been found guilty of a class AA felony sexual offense, the court may impose lifetime supervised probation.

• If the defendant has pled or been found guilty of abandonment or nonsupport of a spouse or child, the period of probation may be continued for as long as responsibility for support continues.

• For class B and greater felony offenses, offenses which involve the use of a firearm or dangerous weapon, offenses involving a “habitual offender”, and a second or subsequent violation of any domestic violence protection order, the total time on probation may not exceed ten years.

How People Violate Probation

Probation is a sentence that can be handed down in lieu of incarceration or as a monitoring system to ensure the safety of the community after a prison sentence has been served.

The person on probation must abide by certain rules or else they will be charged with violating their probation.

People violate probation for a number of reasons. The most common ways people may violate their probation include:

• Failing to report to their probation officer

• Not paying fines or other fees

• Community service non-compliance

• Commiting new crimes

• Failing drug and alcohol tests

• Continued association with other criminals

Whether the violation is minor or major, the court may issue a warrant for your arrest and bring you before the court for violating your probation.

When people violate their probation, they face consequences that were originally imposed upon them when they were sentenced in the first place. These may include additional fines and penalties and even incarceration. In addition, violations may result in a longer period of time on probation than was originally imposed.

What Happens When You are Accused of Violating Your Probation

In North Dakota, probation violation charges are typically filed by the prosecutor after a person has been accused of violating the terms of their probation.

The first step in the process takes place before you have even been charged with a crime. This is when a person is accused of violating his or her probation and a warrant is issued for his or her arrest. Once the person has been arrested, he or she will generally be brought before a judge within 72 hours to decide whether the person will continue to be held in custody.

If the judge decides that there is sufficient evidence against the defendant to hold him or her in custody until an official probation violation hearing, then he or she will remain in jail until such time as the hearing can take place. If the judge does not find sufficient evidence against the defendant to hold him or her in custody, then he or she will be released from custody and allowed to go home while awaiting his or her official hearing.

What’s the difference between probation and parole?

Both probation and parole are alternative sentencing options to that aim to punish while also allowing individuals to remain in the community.

Probation typically follows a guilty plea or conviction in lieu of spending time in jail or prison. For instance if you pleaded guilty to a DWI, probation might be part of your punishment.

Parole, on the other hand, is granted when an offender serves part of their prison sentence and is deemed eligible to serve the remainder of his sentence under supervision in the community. The North Dakota Parole Board makes decisions about whether an inmate will be released on parole and what conditions they must follow while on parole. Decisions are made after reviewing a report prepared by the Department of Corrections and Rehabilitation (DOCR).

Importantly, probation may also be issued at the end of certain prison sentences to ensure the safety of the community.