Probation Violations

Violations of probation are offenses wherein a convicted individual who has received a probation sentence rather than jail time violates the restrictions of probation in some way. When a person is issued probation there are terms set that outline what they can and cannot do. If the terms are violated, such as failing to check in with a probation officer or reading positive for a drug test, additional legal problems can be faced. Upon discovery of the violation, the individual's probation officer can do one of two things: give a warning, or take the individual to court for a probation violation hearing.

Hearings for Violations

At a probation violation hearing a judge will review the evidence and make a decision regarding punishment. The judge may decide upon the maximum penalty the individual faced before being awarded probation – such as jail or prison. A criminal defense attorney who understands the specifics of probation violations will be able to represent a supposed probation violator and help him/her stay out of jail. The experienced lawyers at LeavenLaw will be able to advise and represent you at your probation violation hearing to achieve the best result possible.

A hearing for a violation of probation is very different from a normal criminal trial. For instance:

  • The defendant does not have the right to a jury; the judge has sole discretion in the outcome of the hearing.
  • The prosecution does not have to prove guilt beyond a reasonable doubt – only that it was more than likely that the defendant committed the violation of probation.
  • The defendant may be forced to testify.
  • The defendant may have to wait in jail for the hearing; there is no bond review available.

A probation violation conviction could send you back to jail, even if you were not guilty of the violation or deserve a second chance. Our attorneys will thoroughly investigate your case and build evidence in your favor so your rights are protected.