■  Probation Violations Attorney

Probation Violations Attorney

What is probation? Is a sentence may be imposed by the court. A defendant may place under probation. A defendant on probation will ordinarily meet with his probation officer monthly and at times more frequently. Sometimes, a defendant will be placed on "non-reporting" probation, where he does not meet with a probation officer.  A defendant who has been convicted of a drug conviction may have to report to the probation office frequently for drug testing. A court may also order drug or alcohol counseling, or attendance of Alcoholics Anonymous or Narcaholics Anonymous meetings. During probation, a probationer must typically seek permission from his probation officer before moving or changing jobs. He may be restricted from leaving the state without his probation officer's permission.

Violations on probation: A probation officer may imprison a probationer and petition the court for violation of probation. The court will request that the defendant prove their innocence at an order to show cause hearing. If the defendant is unable to challenge the presumption of guilt at the hearing, the officer or prosecutor may request that additional conditions of probation be imposed, that the duration be extended, or that a period of incarceration be ordered. There is no invariant rule as to what circumstances warrant a violation hearing, although conviction of a subsequent offense, or failure to report to the officer are nearly universal.

If a violation is found, the severity of the penalties may depend upon the facts of the original offense, the facts of the violation, and the probationer's criminal history. For example, if an offender is on probation for a gang-related offense, subsequent "association with known criminals" may be viewed as a more serious violation than if the person were on probation for driving a car with a suspended license; the reverse may be true if the initial offense were for driving under the influence. Similarly, penalties for violation may be greater if a subsequent offense is of greater severity such as a assault or retail theft following retail theft. If you are convicted on charges of violation of probation or parole, you may face the following consequences:

• Revocation of probation
• Imprisonment or jail time
• Hefty fines
• Community service
• Rehabilitation program

If a person is convicted of a probation violation, sometimes the court will extend his probation, or impose additional terms. Often, the court will sentence the probationer to a period of time in jail, followed by the continuation of his probation. Sometimes, the probationer will be resentenced to jail or prison, or will be ordered to complete a term that was previously "suspended." The consequences associated with a parole or probation violation usually depends on a number of factors, including prior convictions and/or parole violations.

Are you accused of Probation Violation? You should seek right advice from a lawyer that can help protect your rights. We can help you. Call Attorney William A. Kennedy today for free consultations regarding your case.