When a person is arrested and charged with a crime, probation is one of the sentence options available for the person. Probation allows the convicted person to serve a term of incarceration outside prison abiding by some standard rules under the supervision of a probation officer.
If a probation violation was filed against a person placed on probation, such a person faces the risk of probation revocation, fines, and other penalties. A probation violation is taken seriously by the court therefore it’s important to have a proper professional representation by a lawyer.
Check out this site for more information about the reasons for hiring a lawyer for your probation violation lawsuit.
Rules And Regulations Of Probation
A person placed on probation is expected to perform community service or join rehabilitation programs as an alternative to experience in a prison. In addition, a person on probation is mandated to abide by some standard conditions such as;
- Maintaining school enrollment or employment
- Routine report to a probation officer
- Payment of fines, costs, and fees
- Must not commit a new criminal offense
Other additional conditions can be given based on the type of criminal offense committed. Some of these specific conditions include;
- Restitution payment
- Adhering to a no-contact order
- Suspension of driver’s license
- Attending substance abuse treatment.
- Participating in behavioral or anger management sessions.
If any of these rules are broken, a probation officer can notify the court and have the person on probation rearrested.
Possible Penalty For Probation Violation
Though probation violation charges are not as formal as a criminal trial, they still attract serious penalties. Here are some of the major penalties that could be issued for probation violation.
An unchanged sentence is applicable for a minor probation violation offense. The court may issue a warning to the violator and allow them to continue the probation sentence without any modification.
Modification of Terms And Conditions
Another option is to allow the violator to continue the probation sentence but there’ll be some modifications. Some of the modifications include more hours of community service or more hours of treatment sessions. The court might also issue additional fees or fines to the violator.
This applies to serious offenses and sometimes minor offenses if the case isn’t professionally handled. It’s issued more often to consistent probation violators. When probation is revoked, the violator will be sentenced to serve jail time.
Reasons To Hire A Lawyer For Probation Violation
When a person is facing a probation violation, a lawyer can use their experience to handle the case to help the person get a lower penalty. Here are some of the reasons to hire a probation lawyer.
Probation Violation Hearing
After an arrest is made for a probation violation, the court will schedule a date for a probation violation hearing. The hearing requires legal representation to prove the allegations are false or give a valid reason for violating the probation conditions. Most violators make the mistake of representing themselves during probation violation hearings and they often end up with higher penalties or even probate revocation. However, with the help of a lawyer, the right message can be professionally conveyed to the court and could lead to a case dismissal or an issued warning.
Refuting the Violation
In some situations, witnesses can incriminate a person on probation by testifying that the person was involved in a new crime or broke some probation rules. Sometimes, the accusations are false and could cause a person on probation to be charged for involvement. This type of case is often addressed during probation violation hearings.
When a person is faced with an involvement accusation, their lawyer will need to gather relevant evidence to prove that the accusations are false. If the case is professionally handled, the court has an increased chance of reducing penalties or dropping the charges.
Admitting to the Violation
When a person violates the terms of probation, the person can decide to be honest with the judge and explain why the terms of probation were broken. A lawyer can help avoid complications by giving a detailed explanation of the situation to the court. For instance, if you or a loved one had a medical emergency that led to the probation violation, your lawyer will gather evidence such as medical bills showing a correlation between the date of the violation to the date of the medical emergency. This could help the court see reason, show empathy, and offer a reduced penalty.