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Probation Violation

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When resolving a criminal charge it is very common for a defendant to accept a conviction in exchange for a sentence to serve jail time associated with the conviction on "probation." Defendants often accept probated sentences because is eliminates the risk of going to trial and, if convicted, serving time in jail.

Although a person can violate probation in several ways, violations fall primarily into two categories: Technical and Substantive.

Common technical violations include the failure to report to the probation officer, failure to pay a required fine, failure to attend a required class, or failure to perform the required community service. Although technical violations can cause the Probation Officer to issue a warrant for arrest, as far as the penalty, technical violations are generally not as bad as substantive violations.

A substantive violation of probation generally means the Defendant is charged with committing a new criminal offense. When this happens, the Defendant will generally not be able to post bond because they will be put on a probation hold. In this situation it is important to get a probation revocation hearing as soon as possible.
Whether your violation is technical or substantive, your probation officer will seek a warrant for your arrest for probation violation. Once you are arrested, you will remain in jail until you have a court hearing. An attorney can often get you a revocation hearing faster.

At a probation revocation hearing, the Judge has to determine if you intentionally violated your probation. The probation officer just has to show that more likely than not, you violated. If you have committed a new offense while on probation, you should hire an attorney for both cases. The witnesses for the new charges can be compelled to testify at the revocation hearing. Often time's valuable information can be gathered from the witnesses at the revocation hearing that could be helpful in the defense of the new charges.

Kevin J. Pratt, attorney. www.Legalcreation.com
Because your rights are worth protecting!

 

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