---
title: "What is the difference between technical and substantive probation violations?"
description: "A technical probation violation in Rhode Island is breaking a specific rule of probation without committing a new criminal offense, such as missing appointments, failing a drug test, not completing..."
url: https://duiattorneyrhodeisland.com/faq-items/what-is-the-difference-between-technical-and-substantive-probation-violations/
date: 2026-05-23
modified: 2026-05-23
author: "Criminal Defense Attorney Rory Munns"
type: faq
lang: en
---

# What is the difference between technical and substantive probation violations?

A technical probation violation in Rhode Island is breaking a specific rule of probation without committing a new criminal offense, such as missing appointments, failing a drug test, not completing community service, or traveling without permission. The prosecution must prove a technical violation by a preponderance of the evidence (more likely than not). A substantive probation violation is being arrested or charged with a new criminal offense while on probation. The prosecution must prove a substantive violation by probable cause that you committed the new offense. Substantive violations are more serious because they bring both a probation revocation case and a new criminal case, and a single new arrest can trigger both at once.