If you have been charged with a probation violation, you will need a probation defense lawyer to help you understand probation procedures and the things you should do once you’ve violated its conditions.
Probation is a period of observation ordered by the court that allows a convicted person to stay in the community for a specified period of time with direct supervision of a probation officer. When you are under probation, the entirety or part of your jail sentence is suspended and you are obligated to follow the court’s direct orders and restrictions.
The probation terms in a criminal sentence may vary depending upon the rules set by the court or a probation officer. If, during the probation period, you’re found breaking the rules, you will once again be subject to possible incarceration.
There are conditions that you need to follow once under probation; these include refraining from possession of firearms, following curfew hours, and strictly complying with the orders set by the officer. This also include a restriction on traveling outside the state and requirements to do community services, pay fines and restitutions, attend counselling sessions, and/or undergo drug and alcohol testing. You will also be ordered to avoid any contact with the victim, potential victims of similar crimes, and, more importantly, with known criminals, especially if they are co-defendants.
Failure to adhere with the court’s conditions can result in a probation violation. If proven, the probation officer may issue a warning if it’s the first time you violated probation conditions. However, if you continue doing so, he will require you to appear in court for a probation violation hearing. The officer will consider the severity of the offense and check if you have committed other violations aside from the one being argued.
The court may order you held in custody while waiting for the results of the hearing. At the hearing, the judge will examine the case and he will decide what sentence can be ordered based on the probation violation evidence presented. This includes extension of your probation time, a short detainment followed by continuation of probation, revocation of probation, and/or fines. At this time, it is crucial to find a skilled criminal defense lawyer to address the matter properly and help you get it resolved.
A criminal defense lawyer works against the opposition and develops a strategy to minimize the client’s punishment. He will meticulously ask you for information to use as possible defenses in the case. He will conduct an investigation of the case and will analyze the evidence being collected and presented in the court. If he observes things that would be favorable to your case, such as lack of evidence or improper procedure, he may even be able to convince the judge to drop the charges against you. Since the court has the authority to modify or terminate you probation, you can request a probation modification. The court must first hold a hearing, in which you have the right to have counsel make statements and present information, before they can modify the conditions of your probation.
While on probation, it is best for you to abide by the set conditions to avoid having a probation violation case brought to court. It can open a new criminal case against you apart from the violation itself if you find yourself repeatedly in this position.
If you are faced with a probation violation problem, or you might need a criminal defense lawyer, contact us here at Atty. Gary L. Rohwling’s Law Offices. We will protect your rights and guide you in dealing with legal matters concerning criminal cases. Call us using the number provided above. We’d be glad to help. Call the Law Offices of Gary L. Rohlwing for a free initial case consultation at (623) 937-1692.