Probation Violations

Probation Violations

When a probation violation is alleged, the person on probation has the right to a hearing before a Judge to determine the validity of any claimed violations.

Probation

At the time a Judge grants probation he or she will order that certain conditions be met within a specified period of time along with passive terms.

One of the most important passive terms is that anyone on probation remain law abiding; any new criminal conduct can be treated as both a new criminal case and a violation of probation in the prior case. Another example is requirement that the person on probation not possess weapons.

Alleged Probation Violation

The court process often begins by the court issuing an arrest warrant or by the person on probation being arrested.
When a probation violation is alleged, the person on probation has the right to a hearing before a Judge to determine the validity of any claimed violations.

If the violation is proved or admitted to, there is also a right to a hearing to determine the appropriate sentence. Some alleged violations can only be resolved at court hearings while other minor violations can be quickly addressed by an attorney working with the court clerks.

Time Frame

Any issue with probation should be addressed as soon as possible; waiting too long can foreclose certain procedural options.

Judges’ response to timely action: Judges are more willing to work with those who take proactive steps toward addressing any probation problems. For example, if residential treatment is a condition of probation, and it is alleged that the person on probation has not completed the ordered program, it would be helpful for that person to be enrolled in the appropriate program at the time of the probation violation hearing (even if the relevant deadlines were not complied with, efforts towards compliance are often taken into account).

It is important to speak with an attorney for a probation violation IMMEDIATELY; Contact Us to discuss the steps that can be taken to help reach the best possible resolution in your case. – Contact Us Today