If you’ve found yourself facing a possible conviction as a result of a probation violation, we recommend seeking the counsel of a probation violation attorney. Regardless of why you are serving probation, you don’t deserve punishment due to a minor infraction as a result of an oversight or accident. Your attorney’s number one priority should be convincing the judge to not inflict a severe repercussion for a simple fault in judgment.
How does the probation violation process work?
The probation violation process is different than the normal criminal case and generally follows the following process:
- Probation officer informs the court that the probationer has violated one or more probation requirements
- The court will schedule a probation hearing or authorize an arrest warrant
- If arrested, there will be an arrest hearing and a bond may be set
- You are entitled to a Statement of Violations in which you are informed of what terms of probation you are alleged to have violated
- You are entitled to a probable cause hearing to determine if there is a reasonable basis for the violation
- You are entitled to an evidentiary hearing in which the State must prove that a violation occurred.
Let’s talk about the possible consequences for violating probation.
- Ordered to perform service hours for community service
- Extending your probation
- More strict probationary terms such as earlier curfew
- Seeking substance testing or treatment
- Attending classes or programs based on the offense (such as drug treatment programs or anger management)
- Counseling with a therapist on a regular basis
- Serving a prison sentence
The judge who assigned the initial probation ruling will be the judge determining the appropriate punishment for the violation. The judge may feel as though they did you a favor when worse consequences could have been dealt, which can result in hostile or resentful feelings. Because of this, the judge could decide a harsher punishment than is necessary. Therefore, it’s important to your case to have a probation violation lawyer to speak on your behalf.
Having an attorney defend you can make the difference between fulfilling a minor repercussion or serving jail time. Call Terry Sherman today for a free case review.