Community control is a type of intense, supervised custody, including surveillance on holidays and weekends. If a sentence contained any period of probation any violations of the conditions of that probation, will mean that you or a loved one will be facing the Judge and potential incarceration once again. An individual can also be charged with violating their parole, which is another form of community supervision, but applies to offenders who have been released from jail or prison. This is a sworn statement detailing why your probation officer thinks you committed the violation. The reasons for probation violations are many.
However, they can be forced to testify against themselves and other witnesses can also be called to testify against the alleged offender. It is critical to remember that everything you say to your probation officer will be written down and used against you. If your probation officer asks you to appear in court, you may be facing a tougher penalty or even jail time. A judge may also tack on additional punishment for violating your probation, such as a longer sentence, new probation terms, or a larger fine. You should only put your trust in an experienced, professional, and compassionate probation violation attorney if you are facing a probation violation. If you try to talk your way out of going back to jail by claiming you are innocent or not to blame, you'll likely end up facing a judge and jail time.
A judge on a felony probation violation must consider the Michigan Sentence Guidelines when fashioning a sentence for violation of probation. Travel restrictions as well as increased penalties if you are convicted. Violation of Probation Defense Attorney OWI Causing Serious Injury or Death. 41A District Court – Sterling Heights. You may have missed a meeting with your probation officer, not completed a required drug or alcohol addiction program, or missed a child support payment. However, the terms of your probation may also become stricter (possibly even house arrest), or you may be forced to pay fines or perform community service. In the past year alone, almost 80, 000 individuals were supervised by the state for adult felony and misdemeanor probation, and countless other individuals were supervised by local county Community Corrections departments as part of parole. Though the burden of proof is much lower in a probation violation hearing, the prosecutor still must prove that a violation actually occurred. To determine your rights and legal options. In probation, a person who has been convicted of a crime, usually a first-time or nonviolent offender, lives and works in his or her community, instead of in prison. The court then reviews the allegations and determines whether reasonable grounds for the violation exist. However, it is critical that you are working with an experienced and aggressive criminal lawyer that has a proven track record of protecting people from probation revocation proceedings so that you are not taken advantage of in a situation like this.
The judge must only decide if there is a preponderance of evidence for the charge, or that, more likely than not, you violated your terms. Violations of probation can result in a variety of penalties, ranging from a revocation of the terms of probation and a jail or prison sentence for the remainder of the underlying offense to a modification of the terms of probation to a reinstatement of the terms to probation. Some of these requirements can include, but are not limited to: The terms to an individual's probation are unique to every case and can vary depending on the type of offense the alleged offender committed, whether they had any previous criminal history and what the court or judge determines is fair to their particular circumstances. As a substitute for serving time in prison, some criminal offenders who are found guilty are sentenced by the court system to probation. Waco Probation Revocation and Violation Attorney. With more than 20 years of legal experience, Attorney David Sloane is the lawyer you want on your side if you face a probation revocation hearing. Attorney Sloane can provide this service and can protect your reputation and your freedom. When the Probation Violation Attorneys with LEWIS & DICKSTEIN, P. represent clients on VOPs, we have a strategy that has been developed over many years to avoid incarceration if possible and minimize other potential consequences.
By being proactive regarding any violation or potential probation violation, a defendant can demonstrate that they take the court seriously, respect the judge's authority, and are motivated to prove they are worthy of a second chance at compliance. Call Our Parole Lawyers in Georgia For Legal Guidance: (404) 205-8879. When a person is released on probation or parole, he or she must comply with certain guidelines in order to avoid arrest and revocation of probation or parole, which could result in the person having to serve the full term of his or her original sentence. If you violate the Community Corrections conditions, your release may be revoked, and you may be ordered back to jail or prison. He can tell your side of the story and argue that you should not receive penalties. Must report to the probation officer on time every month and maintain contact.
"David Sloane is the most professional, friendly, informed lawyer I have ever had the privilege of hiring as my legal council! In that hearing, it is the criminal defense lawyer's job to persuade the judge to release the defendant from custody while the case is pending. Anytime you don't meet these requirements, you can face an additional charge that can result in your arrest. These terms must be followed to stay in compliance. We will take the time to speak with you, answer your questions, and address your concerns. Many Tarrant County judges will require that the probationer have their fines and fees caught up to current requirements before a bond will be set. Hearings & Release Unit (HRU) Hearings. If you are looking for dedicated VOP lawyers near you, contact Matt Shafran at Weinstein Legal today. With a reputation for. Allegations of probation violation, our Charlotte criminal defense attorneys. "What are the most common probation violations? 28 District Court – Southgate Probation Violation Defense Attorney. In any VOP, the defendant faces the maximum possible sentence on the original charge.
Also David Michael Cantor is a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization. Call Rebecca Gray today to discuss your case. Possessing a firearm. The facts that a violation occurred simply have to outweigh the facts that a violation did not occur. The program requires support from peers and family involvement to optimize the reintroduction back into normal living situations, including employment. As former prosecutors for the Commonwealth of Virginia they have an extensive understanding of how the government approaches and prosecutes these types of cases. Phone: (214) 653-5300. Modify your probation.
CALL REBECCA GRAY TODAY AT 317-708-2177 FOR YOUR FREE CONSULATION. Second, immediately contact The Hampton Law Firm so that our team of experienced criminal defense attorneys can contact your probation officer and begin to work with probation, the Tarrant County Criminal Court, and a Tarrant County Assistant Criminal District Attorney to negotiate a possible reinstatement of your probation. Call Roelke Law today for a free consultation at (904) 354-0333 about your violation of probation. Macomb: - Macomb County Circuit Court. Additional penalties an alleged probation violator could face are: - Additional fines, - Payment of additional court fees, - Additional community service hours, - Additional drug or alcohol counseling or treatment, or. A judge will give you a sentence, a judge may even extend your probation. Your lawyer can help you have your terms reinstated, or even modified so they better suit your needs. You need an advocate. If you have been informed you have a probation revocation warrant or soon will be receiving a warrant, you need a plan of action on how to keep your freedom! Testing positive for drug and alcohol use. It is best to be proactive if you've violated probation.