Violation of Probation (VOP) in Connecticut: What Happens Now—and How We Can Protect You (C.G.S. §53a-32)

If you’re reading this because someone told you there’s a violation of probation against you, take a breath. You’re not the first person to be in this spot, and it’s fixable with the right plan. I see VOPs all the time in Stamford, Norwalk, Bridgeport, Danbury, and throughout Connecticut. The biggest mistake people make is treating a VOP like a regular criminal case or assuming it will “work itself out.” It won’t. The rules are different, the burden of proof is lower, and a judge—not a jury—decides your fate. The good news is that we can often keep you on the street, protect your job and family, and avoid having your suspended time turn into actual jail time.

Below is a straight-talking guide to what a VOP is, why they happen, what the court actually looks for, and how I defend these cases.

What a VOP Really Is (And Isn’t)

A violation of probation under C.G.S. §53a-32 is not a new criminal trial. It’s a separate proceeding where the State claims you didn’t follow the terms the court gave you when it suspended part of your sentence and placed you on probation. This could include missing appointments, testing positive, failing to complete a program, violating a no-contact order, or being arrested on a new charge while on probation.

Two things catch people by surprise:

The State doesn’t have to prove the violation beyond a reasonable doubt. The standard at a VOP hearing is fair preponderance of the evidence—basically “more likely than not.”
There’s no jury. The judge decides whether you violated and, if so, what to do about it. That’s why preparation, credibility, and mitigation matter so much. You need to walk in with proof that you’re taking this seriously and that there’s a better solution than jail.

How You Get Put In VOP Status

There are two main paths:

Technical violations. These are the “compliance” issues: missed meetings, late arrivals, positive or diluted test results, curfew or GPS problems, failure to complete treatment, or a breach of a no-contact or protective order. Sometimes the problem is willful; often it isn’t. Transportation breaks down. A new job conflicts with check-in times. A counselor moves your slot. We gather the paper trail and present the court with a valid account of what happened and how you’ve rectified the issue.
New arrests. Getting arrested while on probation is an almost automatic trigger, even if the new case hasn’t been proven. One standard condition of probation is “do not violate any criminal law.” The State can argue that the arrest itself, supported by police reports and testimony, shows a likely violation under the lower VOP standard. That’s why coordination between the new case and the VOP is critical.

The Two-Phase VOP Hearing

Think of a VOP as two hearings in one:

Adjudicatory phase: Did you violate—yes or no? The judge hears evidence, which may include items that would be excluded in a jury trial, and decides under the fair preponderance standard. My job here is to challenge shaky proof, demonstrate that you did not willfully violate, and highlight ambiguities in the conditions themselves.
Dispositional phase: If the judge finds a violation, what’s the fair outcome? The court can continue probation as-is, add conditions, extend probation, or revoke and impose some—or all—of your suspended time. This is where mitigation wins cases: employment, treatment progress, family responsibilities, clean testing since the incident, school schedules, medical documentation, restitution receipts—everything that tells the judge you’re on a better path.

What Judges Actually Care About

I tell clients this all the time: judges are human. They’re balancing public safety, fairness, and your future. They look for three things:

Willfulness. Was this a deliberate choice to blow off supervision, or did life get messy and you’re now trying to fix it?
Trajectory. Are you trending up? If you stumbled, are you now compliant, enrolled, and steady?
Risk and accountability. Are you a good bet for success if given structure, or do you need to be tightly managed? We help the judge answer that question in your favor with a practical plan.

Our Defense Playbook (What We Do Right Away)

Stabilize first. Before anyone argues the law, we make you compliant—today. That means program intake, verified testing schedule, transportation solved, phone calendar reminders, and a backup plan if anything slips. Courts reward action.

Get the documents. Conditions sheet, probation warnings, attendance logs, treatment notes, negative test results, letters from employers or program counselors. If there’s a GPS or curfew allegation, we review the available data and look for gaps and inconsistencies.

Challenge the proof. On technical violations, we examine whether the condition was clear, whether the directive was actually communicated, and whether the conduct was willful. For new-arrest violations, we analyze the weakest points of the police narrative and preserve your defenses without providing the State with free discovery for the new case.

Control the narrative. We present a clear mitigation packet to the judge, outlining what happened, why it happened, and the safeguards in place to prevent it from happening again. That might include a tighter testing plan, a different counseling slot, verified childcare, ride-sharing arrangements, or written support from supervisors.

Offer smart alternatives. We press for modification instead of revocation—more structure instead of incarceration. That can mean additional treatment, community service, brief “flash time” if absolutely necessary, or a short extension with milestones the court can monitor.

Common Real-World Scenarios

The missed-appointment spiral. You missed one check-in because your shift ran late. Then you were embarrassed and skipped the next. This is fixable. We show the work schedule, bring a letter from your employer, set a new appointment rhythm that fits your hours, and demonstrate clean tests since.
The positive test that doesn’t fit the facts. Not every screen is perfect. We look at the chain of custody, cutoff levels, confirmation testing, and medication cross-reactivity. If the result stands, we focus on willfulness and recovery steps: immediate counseling, increased testing, and proof of sobriety since.
The protective-order gray area. You answered a text you shouldn’t have, or you ran into the protected person at a family event. We gather the message history, explain the context, and propose targeted boundaries and tools—such as a new number, filtered contacts, or third-party communication — where appropriate.
New arrest, weak police report. The State often tries to fast-track a VOP based on thin allegations. We push back on the timing. Sometimes it’s smarter to pace the VOP behind the new case so we don’t punish you twice for the same conduct window. At other times, we contest the VOP immediately because the state’s evidence is too thin to meet even the lower standard.

What Outcomes Look Like (No Sugar-Coating)

No violation found. You walk out still on probation, with a clean slate on the alleged violation.
Violation found, no jail. Probation continues with added conditions—extra testing, more counseling, community service, or an extension. Not thrilling, but it keeps you free and working.
Short sanction. Sometimes judges use a brief, defined stint or a weekend in custody as a wake-up call and a way to “clear the decks.” The goal is to keep this minimal and tied to a structured plan.
Revocation and execution of suspended time. This is the box we fight to avoid. If you’re staring at serious exposure, the mitigation package and a believable plan are absolutely critical.

What To Do Tonight If You Suspect a VOP

Stop the bleeding. If there’s a no-contact or protective order, follow it to the letter. Don’t text, don’t comment on social media, don’t “just check in.”
Gather the paperwork. Probation conditions, any written warnings, appointment notices, test results, program attendance, work schedule, and childcare responsibilities.
Get on the calendar. If you missed treatment or a check-in, email or call now. A scheduled makeup with confirmation is worth its weight in gold in front of a judge.
Call a lawyer early. The sooner we step in, the more options we have. This is where we earn our keep—getting ahead of the story before it hardens into a revocation.

Straight Answers to Questions I Hear Every Week

Do I get a jury?
No. The judge decides. That’s why credibility and preparation matter more than theatrics.

Is the burden really lower?
Yes. The State needs to show a violation by a fair preponderance—more likely than not. It’s a different universe from a criminal trial.

If I’m arrested on a new case, am I doomed on the VOP?
Not necessarily. We can challenge the quality of the State’s proof and the timing. Sometimes we keep the VOP in neutral while we build the defense on the new case. At other times, we attack the VOP immediately because the evidence is too thin to meet even the lower standard.

Can I fix a technical violation before court?
Absolutely. That’s the point. Judges reward individuals who self-correct by making up missed sessions, enrolling in the correct program, adhering to a verified testing schedule, and providing proof.

Will the judge really send me back for all my suspended time?
It can occur in cases of severe or repeated violations; however, most of the time, we can negotiate a structured alternative to incarceration—especially for first-time or technical violations. The key is showing a believable plan.

What if my probation conditions were never clear?
We examine how the conditions were set, whether they were standard or special, how they were communicated, and whether you had reasonable notice. Ambiguity helps us argue against willfulness.

Should I consult with my probation officer before speaking with a lawyer?
You should be respectful and responsive, but don’t explain the substance of an alleged violation without counsel. A simple “I’ll have my attorney contact you” protects your rights and usually lowers the temperature.

How We Put You In the Best Light

I approach VOPs like a surgeon approaches an operating room: with a checklist and a plan. We set up compliance immediately, collect proof, and present a clean, organized package that answers the judge’s concerns before they ask the questions. If there’s a new case tied to the VOP, we coordinate the timing and strategy so one fight doesn’t sink the other. If there’s an addiction or mental-health component, we get you into the right program now and put the paperwork in the file rather than making promises.

Most importantly, I keep the focus on progress, not punishment. Judges want to see that if they keep you on probation, the community is safe and you’re set up to succeed. We make that the obvious choice.

Final Word—and a Realistic Promise

A violation of probation is stressful, but it isn’t the end of the road. With the right approach, most people do not end up serving their entire suspended time. If we can show the court a plan that’s tighter, more accountable, and actually workable in your real life, we can very often keep you home, at work, and on track. With over 30 years of defending probation violation allegations, Attorney Allan F Friedman will give you the guidance and results that you deserve.

If you think a VOP is coming—or you’re already scheduled to appear—don’t wait. The earlier we get involved, the more tools we have. Call me today at 203-357-5555. Or use the online contact form. I’ll listen, I’ll tell you the truth, and I’ll get to work on a plan that protects you. For more information on the subjects of bail, conditions of release, and probation violations, visit my criminal defense page.