Handling Probation Violation Charges
Probation is often an alternative for a jail term, or an additional penalty along with it. There are certain terms and conditions of probation, which the individual under it needs to follow. Violating any term may lead to legal trouble. In such a circumstance, you had better get a criminal lawyer for help.
Before you talk to a lawyer, here is a look at some of the relevant details.
Which circumstances may lead to this violation? Numerous incidents may imply violation. It could be as simple as failing to report to the probation officer or failing to pay a stipulated fine/restitution or as complex as committing another offense or trafficking illegal drugs.
What happens after the probation officer becomes aware of this? If the violation is not of a serious nature, or you are not a repeat offender, you may get away with a warning. However, the officer may also order you to appear at a court hearing. If this happens, the officer also suggests potential penalties for this violation.
What happens if there is a probation hearing? The judge at the hearing determines whether there is indeed a violation of the terms and conditions of this arrangement, and if there is, determines the penalty for it. It is the task of the prosecution to establish this by the €preponderance of evidence' standard.
Why is legal assistance necessary? It is important to get the competent criminal lawyers for your defense. You have certain rights. One is the right to have legal representation. Apart from this, you also have the right to receive written notification of the violations you are charged with and to be heard by a neutral judge.
Only a lawyer can ensure protection of these rights and capable representation at the violation hearing. He/she could present evidence to refute the charges, and examine and cross-examine witnesses to support you.
What are the possible consequences of such charges? Without competent legal assistance from criminal lawyers, it may be difficult to establish that you did not violate any term of the probation, or even if you did, there was a valid reason for it. If you did not get a lawyer on time, you may face serious penalties, like €"
Additional community service
Jail time instead of probation
Jail time along with extended probation
Depending on the state law, as well as the type, degree and nature of the violation, your past record of violation are major factors that the court considers in determining penalties. Get legal help on time to avoid magnifying the problem.
Before you talk to a lawyer, here is a look at some of the relevant details.
Which circumstances may lead to this violation? Numerous incidents may imply violation. It could be as simple as failing to report to the probation officer or failing to pay a stipulated fine/restitution or as complex as committing another offense or trafficking illegal drugs.
What happens after the probation officer becomes aware of this? If the violation is not of a serious nature, or you are not a repeat offender, you may get away with a warning. However, the officer may also order you to appear at a court hearing. If this happens, the officer also suggests potential penalties for this violation.
What happens if there is a probation hearing? The judge at the hearing determines whether there is indeed a violation of the terms and conditions of this arrangement, and if there is, determines the penalty for it. It is the task of the prosecution to establish this by the €preponderance of evidence' standard.
Why is legal assistance necessary? It is important to get the competent criminal lawyers for your defense. You have certain rights. One is the right to have legal representation. Apart from this, you also have the right to receive written notification of the violations you are charged with and to be heard by a neutral judge.
Only a lawyer can ensure protection of these rights and capable representation at the violation hearing. He/she could present evidence to refute the charges, and examine and cross-examine witnesses to support you.
What are the possible consequences of such charges? Without competent legal assistance from criminal lawyers, it may be difficult to establish that you did not violate any term of the probation, or even if you did, there was a valid reason for it. If you did not get a lawyer on time, you may face serious penalties, like €"
Additional community service
Jail time instead of probation
Jail time along with extended probation
Depending on the state law, as well as the type, degree and nature of the violation, your past record of violation are major factors that the court considers in determining penalties. Get legal help on time to avoid magnifying the problem.
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