Probation Violation

If you have been convicted at trial or entered a guilty plea to a criminal charge, you are likely to be placed on probation. The terms of your probation will vary depending on your charges. Typical probation terms usually consist of payment of fines, community service, attending classes related to your charge, reporting to your probation officer, random drug screens, and refraining from certain activities such as drug and alcohol use. Probationers are also normally required to forfeit their 4th unreasonable searches and seizures.

If you fail to abide by the conditions of your probation or you are arrested for new charges, your probation officer will either issue a warrant for your arrest or set up a probation revocation hearing. If you are arrested for a violation of probation, the chances of receiving a bond are unlikely. Therefore, you will stay in jail until the judge schedules a hearing.

We take probation revocation very seriously. The judge can revoke the entire remaining balance of your probation and sentence you to jail, prison, or a probation detention center. In addition, if you were sentenced under the provision of First Offender or Conditional Discharge, you can be adjudicated guilty resulting in the offense being placed on your criminal history.

During a probation revocation hearing, the court must find that you violated your probation by a preponderance of the evidence. The “preponderance of the evidence” standard is a much lower standard than “proof beyond a reasonable doubt”, which is the standard at trial. Therefore, it is easier for the prosecutor to prove a violation of your probation. In the event the judge finds that you have violated a general condition of your probation, the court is limited to revoking either the remainder of the balance or two years, whichever is less. The only exception is if you have committed a new felony offense. If the court finds that you have violated a special condition of your probation, the court may revoke the entire balance of your probation.

If a warrant has been issued against you for a probation violation, contact us immediately. There is great deal of work to be done. We will speak to your probation officer and the prosecuting attorney in an effort to timely resolve the case in your favor. If you have new charges, we will fully investigate those charges so that we can adequately defend you at your hearing.