PROBATION VIOLATIONS
If
you are convicted or plead guilty to a felony, misdemeanor or ordinance
violation, and the court determines that you are not likely again to engage
in an offensive or criminal course of conduct, the court may place you
on probation under the charge and supervision of a probation officer.
During the term of your probation, you are subject to all of the conditions
of probation imposed by the court. Some of the common conditions of probation
are:
-Not violate any laws
-Not leave the state without consent of the court
-Reporting to a probation officer
-Payment of fines, costs and fees
-Community service
-Restitution
-Mental health or substance abuse counseling
-Alternative incarceration programs
These are just some of the more common conditions. Judges have a great
deal of discretion in determining the conditions of probation and some
judges are known for the onerous conditions they impose upon their probationers.
The harsher the conditions, the more likely a probationer is to fail.
Regardless of your conditions of probation, appearing before your sentencing
judge again for allegedly failing to abide by those conditions is a difficult
proposition. From the judge's perspective you have been given a 'lenient'
sentence by being placed on probation and, despite their leniency, you
have violated your probation. Moreover, depending upon the nature of your
crime (for example, drunk driving), the judge may consider you a danger
to the community. They have already taken a chance by giving you probation.
Why take another chance?
That
is where we come in. Regardless of your probation violation or your underlying
offense, we have represented people in the very same situation. Most likely,
many times before and probably before the very same judge you will
be in front of. This experience allows us to develop a plan of action
for you that will be most effective at avoiding jail.
The way in which you handle the situation is going to depend on the nature
of the violation. In some cases, the violation didn't actually occur and
a hearing should be held. In most cases, however, the violation did occur
and it requires action that will convince the judge that the violation
was an isolated incident and that you are deserving of a second (or third)
chance. Whether you need substance abuse\alcohol counseling, mental health
treatment, anger management or any other type of counseling, we can put
you in touch with our network of professionals who can help you to address
your problem before entering court for your violation of probation hearing.
We also frequently employ sentencing memorandums that explain the extenuating
circumstances surrounding a client's violation and the positive strides
a client has made so that by the time we enter court, the judge has been
given a much more positive narrative than what will be presented by your
probation officer.
Make
no mistake: a violation of probation is a very serious situation. You
need an experienced and effective advocate to help you avoid jail. We
can provide you with the experience, knowledge and advocacy that may help
you avoid incarceration.
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