1. How was I put on probation?
Probation is usually an alternative to incarceration and is a form of community control. Probation can be a condition of release from jail/prison or as part of a negotiated plea. It is a way for prosecutors to maintain some form of supervision over individuals that enter the criminal justice system.
2. How are the terms of probation violated?
The terms of probation are different for each person and are given by prosecutors on a case by case basis. The ways to violate the terms of probation are to not do something that was a condition of the probation (pay a fine, complete a course) in time or if you allegedly commit a new crime (new law violation).
3. What happens if I violate my probation?
a. If you are suspected or accused of a probation violation, there is a possibility of an immediate arrest and being held without bond until the matter is resolved.
b. If you or someone you know has violated probation, you may be set for a Probation Violation Hearing (PVH). At this hearing the prosecutors will present evidence to the judge to prove that you indeed violated the terms and conditions of probation. But your attorney may also present evidence which is why having a skilled probation attorney at your side is crucial at these hearings.
If you or someone you know has been arrested for a probation violation, your freedom is at risk. A probation violation lawyer can give you the opportunity to try and avoid a conviction, imprisonment, or an extended probation term. Probation violations are a serious offense, with judges and prosecutors insisting on harsh sentencing and increased penalties. At Redavid Law PLLC, I defend clients confronted with these charges so you don’t have to go at it alone. Call (305) 938-9939.