Probation gives an individual a second chance to stay out of jail and live in society with certain conditions. However, probation includes extreme regulations, and inability to follow them leads to harsh punishment. If you think you have violated the terms and conditions of your probation or actually have, it becomes necessary that you consult violation of probation lawyers as soon as possible. Knowing when to hire an attorney may make all the difference between how your case is resolved and whether you will suffer severe consequences, including a possible jail sentence.
In this blog, we'll take a closer look at what actually constitutes a violation of probation, the legal ramifications for a violation of probation, and why it may be important to retain a violation of probation attorney in protecting your rights.
What Is a Probation Violation?
Probation means a court-ordered period in which the convict is required to comply with certain conditions instead of confinement. These conditions include regular appearance before a probation officer, service to the community, counseling or rehabilitation, and abstention from certain activities like drug use or use of alcohol, and not committing new crimes.
A probation violation is said to occur when one infringes any of the conditions set by the court. Some of these might be minor, such as failing to show up for a meeting with a probation officer, while others may be serious, entailing the commission of a new criminal offense. The seriousness of the violation and the reaction of the court will thus differ per circumstances.
Common Types of Probation Violations
Probation violations come in many forms. Some of the most common types include:
1. Failure to Report to a Probation Officer
Perhaps the most basic element of any probation is the regular reporting to your probation officer. One missed appointment or neglected communication may constitute a violation, even if it was accidental.
2. Failure of a Drug or Alcohol Test
If you have probation that requires you to be drug or alcohol-free, then you could face a violation of probation if you fail a test. Even if it's a single use, even accidental, the commission of substance use can lead to a violation of probation.
3. Commission of a New Crime
Being arrested or charged with a new criminal offense while on probation is one of the most serious ways to violate probation. Even without a conviction, a charge may be enough to bring you before the court for a violation hearing.
4. Failure to Complete Court-Ordered Programs
The terms of your probation might also include class attendance, counseling, community service, or rehabilitation; not showing up for any of those mentioned above could be counted against your probation terms.
5. Out of State/Country Travel
Most probation conditions also include restrictions on travel, especially when it comes to state or country boundaries. Traveling without permission from your probation officer may be considered a probation violation and could result in harsh punishments.
6. Failure to Pay Court-Ordered Fines or Restitution
If the court has ordered you to pay fines, restitution to a victim, or other financial penalties, failure to make these payments may be considered a probation violation.
Legal Consequences of Probation Violations
The consequences for violating probation can be severe and vary according to the nature of the violation, jurisdiction, or whether this is a first-time or repeat violation. Some possible penalties include:
1. Extended Probation
A minor violation may result in an extension of one's probation term. For example, if one was put on 12 months probation and breached the conditions, the court may add some extra months to the original period of probation.
2. Revocation of Probation
It can also, in worse cases, revoke your probation entirely. This will result in the imposing of the original sentence that had been placed in jail or prison. If you had probation because of a plea bargain to avoid serving time, this will result in having to do so.
3. Additional Fines
You may be ordered to pay additional fines or court fees because of the breach of your probation conditions. This kind of financial penalties add to stress and hardship during an already trying time.
4. Community Service or Additional Conditions
In some instances, the judge may order other probation conditions. These include lengthier community services, obligatory attendance in drug or alcohol counseling, or frequent visits with your assigned probation officer.
5. Incarceration
The most serious violations of probation will be grounds for jail or prison time, especially if a new crime is committed in the process.
When to Call a Violation of Probation Lawyer?
Given the potential consequences, it is important to know when to call a violation of probation lawyer. Here are some scenarios where you need to make that call, first and foremost:
1. Immediately After a Probation Violation
The moment you have the feeling that you possibly violated your terms of probation, you should reach out to an attorney. This could be a missed meeting, a failed drug test, or any other type of violation. Time is extremely crucial in these situations. Your attorney can prepare your defense and present mitigating factors in attempt to minimize penalties.
2. If You Are Accused of a New Crime
Being arrested or charged with a new crime while on probation is considered a serious issue. This may mean new criminal charges and a different charge of violation of probation. In these circumstances, a violation-of-probation lawyer experienced in these cases will defend you against both sets of charges and fight on behalf of protecting your rights.
3. Before Your Probation Violation Hearing
If the probation officer files a report on any one of the violations, then you are most likely to be taken before the court for a hearing on probation violation. This is, in fact, a very critical juncture where your lawyer can represent you. Without an accomplished lawyer, you may face far stricter sentences, sometimes even imprisonment. Your lawyer will be able to put up evidence, cross-question the witnesses, and also put forth arguments for leniency or alternative sanctions.
4. If You Are Faced with Unfair Allegations
There are times when probation officers falsely accuse individuals of violations on no substantial basis or on unfair grounds. For example, you may have a valid reason for failing to appear at the probation appointment, such as a medical emergency, or you may have complied with all conditions but are being framed. It is in these situations that a lawyer can raise objections against the accusations and seek an acquittal.
5. If You Need to Change the Terms of Your Probation
Sometimes life throws a curveball and circumstances change that can make it difficult or impossible to adhere to the conditions of your probation. Perhaps a job situation changed and you travel, or an unexpected financial burden presents itself and you are unable to pay fines. You may want to or need to modify your probation conditions. A violation of probation lawyer can ask the court to make modifications in your probation conditions to head off a possible violation.
How a Violation of Probation Lawyer Can Help
Hiring a violation of probation lawyer can make a great difference in how your case is handled. The following are numerous ways an attorney can help you:
1. Building a Strong Defense
A competent lawyer will examine the facts of your alleged probation violation and create an effective defense. This can be done by showing evidence that you did not have intentions of causing a violation, or that extenuating circumstances surrounded the situation.
2. Negotiating with the Court
In many cases, the attorney is able to negotiate with the court or probation officer to reduce some of the penalties or stay out of jail. They may be able to argue for things like extended probation, additional community service, or going to a rehabilitation program in lieu of harsher penalties.
3. Protection of Your Rights
Probation violations are a serious matter, and the process involved can be quite overwhelming. Your attorney will ensure that your rights are protected through it all and that you understand what's happening in every turn in your case.
4. Presenting Mitigating Factors
Sometimes, you may have a very valid reason for the violation of your probation, such as a medical emergency, family crisis, or other compelling situations that may have been beyond your control. Your attorney argues these mitigating factors before the court to help you in minimizing the penalties that you could incur.
5. Assisting You with Complex Legal Processes
Probation violation cases sometimes involve complicated rules of procedure, and the rules change depending on the jurisdiction. A criminal defense lawyer who has handled probation violation cases will better understand such complications and ensure your case is well taken care of.
Trust the Alva Firm: A Leading Philadelphia Law Firm
If you are faced with a probation violation, you want experienced legal representation that understands the complexities of the system. The Alva Firm is an internationally respected Philadelphia law firm committed to the cause of defense against probation violations and other crimes. Combined with a deep commitment to the protection of your rights, coupled with decades of demonstrated, positive outcomes, one will find professional counsel and aggressive defense at the Alva Firm. Call today at AlvaFirm.com to protect your future and fight for the best possible result.
Conclusion
Violations of probation might be punished with severe sanctions, such as extended probation, further fines, or even imprisonment. In such cases, it is indispensable to seek immediate legal consultation with a violation of probation lawyer. A good attorney will help in building a defense, protecting your rights, and mitigating the penalties likely to be imposed on you. Whether it is an accusation of a violation, indictment for a new crime, or the need for assistance to modify your terms of probation, a qualified attorney can make all the difference in the outcome of your case.
Don't wait until it's too late-contact a violation of probation lawyer at the first sign of trouble to ensure your rights and future are protected.
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