Probation Violations
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When probation violation charges are brought against you, the law allows you to have a hearing before a judge, who then determines whether or not the claimed violations occurred.
When probation violation charges are brought against you, the law allows you to have a hearing before a judge, who then determines whether or not the claimed violations occurred.
What does it mean to be on probation?
Probation simply means that the person who has been found guilty of committing a crime must fulfill certain conditions within a certain period of time as part of their early release.
These conditions include passive terms, one of the most important being that you remain law-abiding during the trial period.
If you are found guilty of carrying out any criminal activity during the probationary period, the offense may be treated as a new criminal case or as a violation of the terms of your probation.
Another example of a passive term for which you must remain while on probation is the requirement that you do not possess firearms.
Allegations of probation violations
When allegations of probation violations are reported against an individual, the entire process generally begins with a warrant issued by a court or with the person arrested.
If there are allegations that a probation violation has occurred, the accused person has the right to appear before a judge.
Where Probation Violations Are Prohibited
If you admit to violating the terms of your probation, or when the allegations are proven, you also have the right to another hearing to determine the appropriate sentence in your case. Many of the more serious violations require court hearings to resolve, while those considered minor can be resolved quickly through the liaison between your attorney and court employees.
taking quick action
Reports of probation violations must be handled expeditiously, because waiting longer than necessary tends to eliminate certain procedural options from the case. The judge hearing the case is much more likely to respond positively if you show that positive steps have been taken to address the probation violation issues.
As an example, you may have been required to receive certain treatment as part of the terms of your probation. If the violation stems from allegations that you have not complied with this requirement, the Judge will probably have a favorable disposition towards your case in the event that the required treatment is immediately initiated or resumed.
Although you may not have adhered to the timelines that were established as part of your probationary period, steps toward compliance are usually taken into account during the course of your hearing.