Probation Violation Laws in New Hampshire

“YOU’RE GROUNDED YOUNG MAN!!”  These words, courtesy of Mrs. Shepherd and Mrs. Osborne respectively,  still reverberate in the air of Wrentham and Plymouth Massachusetts to this day.  Being placed on probation is the adult version of being grounded, albeit with extreme consequences.

NH probation is a sentencing option for the court.  You can be placed on probation for up to 5 years if you are convicted of a felony and up to 2 years if you are convicted of a misdemeanor.  Procedurally, after receiving a sentence that includes probation, you will immediately report to the probation field office and meet with a probation officer.  The probation officer will review the terms and conditions of probation and have you sign a document to this effect.  Some of the more common terms of probation include:

  • Reporting to the probation officer as directed;
  • That you obtain permission from the probation officer before changing your residence or place of employment;
  • Report any contacts with law enforcement to the probation officer;
  • Remain drug and alcohol free;
  • Not associate with other individuals on probation.

So what happens if you violate probation?  If the probation officer believes that you have violated one or more conditions of probation a probation violation will be filed with the court.  You will be handcuffed and taken to the jail pending a bail hearing or the probation violation hearing.  It’s important to note that although a hearing on a probation violation is not a trial, you still maintain certain fundamental rights.  For example, you have the right see the evidence that forms the basis of the alleged violation.  You have the right to be heard, the right to call witnesses in your defense and cross-examine adverse witnesses. The burden of proof still rests with the State to prove that you violated your probation.

The scary aspect of probation violations is this: you can receive the maximum sentence that could have originally been imposed.  For example, you receive a sentence of 3 ½ to 7 years at the New Hampshire State Prison and the sentence is suspended.  You are placed on probation for 2 years.  If you are found to have violated your probation the Court may impose the 3 ½ to 7 year sentence you originally faced.

Call today if you are facing a probation violation.  It will cost you nothing to speak with us.

Our telephone number is: 603-595-5525

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