The consequences associated with probation violations are grave because it is considered a serious crime in every country. Although, the punishments depend on the degree of the violation. Still violating your probation will likely cost you your freedom. If you are lucky enough, you may be asked to pay a hefty amount of money or be monitored strictly. The easiest way to get out of this mess is to hire probation violation lawyers in Mesa that can prove your innocence of the probation violation crime. The lawyer can examine the conditions surrounding the violation and see if the charges can be dropped without it affecting your case.
Before going ahead to talk about the consequences and ways to deal with probation violation, we need first to understand what probation is and what it means to violate it.
What Is Probation?
Probation is the period during which a convicted criminal has to obey all laid rules and regulations and abstain from crimes to avoid getting sent back to jail. During this period, the offender will be strictly supervised or monitored.
What Is Probation Violation?
A probation violation occurs when a probationer breaks the terms and conditions of the probation or fails to observe a condition during the probationary period. There are so many common conditions that can be considered a violation by a probation officer or the judge.
The most common ones include:
- Missing a court hearing or being late to one.
- Failure to pay fines and make restitution: Some crimes require you to pay some fines. These fines are determined by the crime committed. Failure to pay the fines or make restitution on the payment schedule arranged by the judge will result in additional charges and punishment.
- Missing appointments with a probation officer: When an individual is on probation, they will be set up with a probation officer whose job is to supervise the probationer. The officer will usually set up a series of appointments with the probation to monitor their progress. Failure to keep up with the appointment is considered a crime in court.
- Engaging in more crimes: This is considered the highest violation of all. Committing more crimes, minor or major, would result in severe consequences.
At times, there might be rules that have to be followed to keep probation intact. Such rules may include: abstaining from visiting some prohibited people or communities, completing community service (if you are given one). Also, getting a job (like enrolling in a school or clinic) and going for a drug test. Probation violation laws vary by state and are overseen by state and federal laws
What Steps Should You Take After A Violation?
Probation violation procedures vary among states. However, the most important step is to know and apply your legal rights. This would help to reduce or avoid additional charges or consequences. What are those rights? They include:
- Gather written notes of the violation against you.
- Appeal for a neutral judge in court
- Hire a qualified attorney
- Submit evidence and witnesses to bolster your case or to prove the evidence against you wrong.
When it comes to probation hearings, you can choose to hire the attorney that helped you with your original case or a new one. While hiring an attorney, you need to look out for some key things like their experience and qualifications.
Ways an Attorney Can Help You With A Probation Violation
- Hiring a legal representative is generally advisable. They can help you in applying your rights in court.
- If it involves payment of fines, an attorney can help in negotiating with the court for more time to enable you to pay.
- The attorney can help in relieving the damage of a violation consequence such as an extension in a jail term, community service, and so on.
- They could help in cross-examining probation officers, visiting your witnesses and gathering information from them, marking out points that are beneficial to your case, etc
- An attorney can help in working out standard plea agreements. They gather documents like your work history, drug tests and follow-ups, community services, and so on. Then, they present it to the judge.
- A competent probation attorney can file a motion for a bond hearing. The attorney might also plead or convince the judge to release the probationer from custody till the case is resolved.
For a successful outcome, the attorney and the convict have to work together. Appointments should be attended, rules should be followed, and conditions adhered to.
Importantly, you must also ensure that the probation lawyer you hire is the best one you can find. This will make a lot of difference down the line.