When a person is on probation or on supervised release (at the federal level) he or she is still serving their sentence. As such, he or she is supervised by a probation officer. That officer’s job is to inform the court of any violation committed by the probationer. There are technical violations and new law violations. Technical violations consist of: nonpayment of supervision fees, not reporting to your probation officer as directed, positive drug tests, etc. New law violations consist of being arrested for a new crime. The new crime can be for a traffic misdemeanor such as, driving while license suspended, driving without a valid driver’s license or DUI.
It is important to note that the violation of probation will not be determined by a jury. It will be solely determined by a judge. In other words, the evidence will be presented to the judge and she or he will decide whether or not the person violated the terms of his or her probation.