A probation lawyer can assist if there’s an impending accusation of violating the conditions of probation. If you or a family member is facing probation violation hearings, then you should talk with an experienced criminal defense attorney who can share your options with you and give you insight into what to expect in the hearings. Probation is a term that describes a sentence of probation that is suspended. This means the suspect doesn’t have to serve any jail time. Instead, they are usually confined to house arrest or jail, but can still have the ability to leave the premises. This is done because violating probation can result in additional criminal charges.
There are many reasons someone might be accused of violating probation. Sometimes there’s a misunderstanding of the details of their probationary sentence. Perhaps they didn’t realize the mandatory drug testing rules existed, or perhaps they weren’t able to follow the terms of their agreement. Sometimes people run into trouble when they are unable to stay on track with their rehabilitation. Whatever the reason, it’s always a good idea to hire a good attorney to review your case and present your options to the courts.
Types of probation
There are two types of probation: residential and jail. In the case of a residential sentence, the defendant is restricted from contacting their community or spending too much time in jail. They may also have to report to local law enforcement for any violation. In jail, subjects are usually prohibited from possessing weapons of any kind, as well as driving or operating heavy machinery. A good defense attorney will be able to help the defendant fight for more favorable sentencing, or to get their sentence reduced.
Sometimes a probation officer can’t find the reason for a warrant. This can happen for a number of reasons. The most common is that the person committed a crime when they were not in custody, but the crime was reported to the police. If this is the case, the warrant will be issued for their arrest. Even if the suspect does not commit a crime, they can still be arrested because of outstanding warrants, which can cause further problems during sentencing.
Other times a defendant’s sentence may be revoked for an alleged violation. A probation lawyer will be able to help them deal with the revocation hearing. The process can be complicated and should only be handled by someone who knows how to. An experienced attorney can review the details of the allegations and the facts of the case to determine whether the allegations have merit.
Sometimes a probation officer decides to revoke a sentence on their own. However, in many cases this does not happen. Instead, the court will decide unanimously whether to revoke the sentence. If the majority of the court members agree to the revocation, the sentence will be revoked. If this happens, an experienced attorney will be able to appeal the decision to the circuit court.
In some cases, the state must provide proof that a defendant has actually lived up to his or her obligations. The state must provide this evidence before a probation hearing can take place. First, the state must present letters from other people stating that the defendant has not lived up to their expectations. Then, at the probation hearing, the state must show that there is a likely lack of support for the defendant from other people. The court may require one or more of these witnesses to come to the hearing to give their opinion about whether the defendant deserves to be placed back in jail.
Other factors may affect whether a probation hearing is required. For example, violating probation may result in additional criminal charges. States may also decide to implement “stepping stones” to probation. These can include incarceration in a penitentiary facility or intensive counseling. When violating probation, the defendant may be required to serve additional time in jail or to pay additional fines. A defense attorney can advise on how best to approach any legal situation and what options are available to protect a defendant’s rights.