District Court Division
Violations of Community Based Sentences

The person ultimately responsible for the sentencing of a defendant who has pled guilty or been convicted at trial is the Judge. The Judge has a tremendous amount of discretion in the range of sentences that may be imposed upon a conviction. Many offenders are required to serve sentences in the community. Courts may grant probation or sentence defendants to half way houses requiring many varied terms or conditions that must be followed. If a defendant fails to follow the sentencing orders of the court he or she will be brought back in front of the judge for a hearing on whether they failed to do what was ordered and if the judge finds that they violated the orders they can be re-sentenced. One deputy district attorney is assigned to prosecute all cases involving violations of community based sentences. Examples of types of court orders which can be imposed include:

• payment of restitution to the victim
• cooperation with mental health treatment
• completion of alcohol or drug treatment
• completion of domestic violence treatment
• monitored sobriety
• maintaining full time employment
• successful completion of jail, work release, day reporting or similar sentences

The list is illustrative of the types of conditions which a judge might impose at a sentencing.