Kannan Law is your best ally when it comes to resolving cases related to probation violations.
Probation is a measure that must be complied with responsibility because any “carelessness” could mean returning to jail. When charges of probation violation are filed against you, the law allows you to have a hearing before a judge, who will subsequently determine whether the claimed violations took place or not. In the scenario of a violation, the authority will establish the consequences of having breached such a measure. Some of these may be: payment of fines, spending more time in prison, attendance at mandatory rehabilitation programs and even fulfilling certain hours of community service.
Probation simply means that a person previously convicted of committing a crime must comply with certain conditions within a certain time frame as part of their early release.
These conditions include passive terms, one of the most important of which is that they continue to be law-abiding during the probation period.
If they are found guilty of carrying out any criminal activity during the probation period, the crime may be treated as a new criminal case or even as a violation of the terms of the measure in question.
Probation Violation Allegations
When allegations of probation violations are reported, the entire process usually begins with an arrest warrant issued by a court. When allegations are made that a probation violation has occurred, the accused person has the right to testify before a judge.
If you admit to violating the terms of your probation period, you have the right to have another hearing held to determine the appropriate sentence in your case. Many of the more serious violations require court hearings to resolve, but those that are considered minor can be resolved quickly through liaison between your attorney and court employees.
It's important to take action quickly
Probation violation allegations should be dealt with expeditiously because waiting longer than necessary tends to eliminate certain procedural options from the case, which could end up hurting you. The judge in charge of the case is much more likely to respond positively if you show that positive steps have been taken to address the probation violation issues.
For 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 likely be more favorable toward your case, assuming that you immediately begin or resume the required treatment.
If you are found guilty, the judge will determine what actions you must take and how long they will last. Generally, the consequences of violating probation are usually the following: increased prison time, payment of penalties, and community service, among others.
Why is it necessary to hire a lawyer specializing in this area?
If you are accused of violating probation, it is necessary to hire a criminal defense attorney quickly so that he or she can provide you with the advice you need and thus be able to begin building your defense for your subsequent presentation at a probation hearing. It is important that you provide all the information to your attorney so that success can be achieved.
If you still don’t know who to turn to, the attorneys at Kannan Law can help you. Call us today to schedule a first appointment and start discussing your case.
Frequently Asked Questions
What are the most common reasons someone is charged with violating probation?
Probation violations can be caused by a variety of reasons, but common reasons include failure to report to a probation officer on scheduled dates, failure to pay court-ordered fines or restitution, failure to complete mandatory rehabilitation programs, failure to test positive for drugs or alcohol, committing new crimes, failing to comply with curfew, or leaving the permitted geographic area without authorization.
What evidence can be presented to defend against a probation violation charge?
The defense may present evidence showing that the defendant did not violate the terms of their probation or that the alleged violation was involuntary. Helpful evidence includes records of attendance at mandatory programs, witness testimony confirming compliance, documentation of medical or work appointments justifying absences, evidence of payments made, and evidence that the allegation is erroneous or unfounded.
How long can a probation violation hearing take?
The length of the process varies by jurisdiction and the complexity of the case. Generally, a hearing can be scheduled within a matter of weeks after the warrant is issued. The length of the hearing itself can range from a few minutes to several hours, depending on the evidence presented and the need for witnesses or more detailed arguments.
Are there alternatives to jail if you are convicted of a probation violation?
Yes, in many cases the judge may consider alternatives to incarceration, especially if the violation is not serious. These alternatives may include extending the period of probation, performing more hours of community service, participating in rehabilitation programs, using electronic monitoring (shackling), or mandatory attendance at therapy or counseling.
How can a probation violation affect future legal benefits, such as early release or expungement?
A parole violation can have serious long-term consequences. It can make it more difficult to obtain an early release in the future, reduce your chances of being granted benefits such as expungement or commutation of sentence, and affect your eligibility for certain reentry programs. It can also negatively impact immigration, employment, and other legal decisions.