General Understanding
The type of probation can vary depending on the crime that was committed the resulted in a probationary period. The basic concept is that a person is awarded probation versus incarceration. This does not mean that they are not penalized for their crime, but it means that they are able to avoid at least some jail time. Person on probation will often be required to follow a certain set of rules such as staying out of the trouble with the law, maintaining a home and possible a job, regular meetings with a probation officer, drug testing, and possibly community service. They will be required to fulfill any and all items that were set by the courts.
Technical Violations vs. Substantive Violations.
These are the types
of probation violations that one can commit while under probation.
Technical violations this is when a person does not correctly follow specific requirements. This could mean you miss an appointment with your probation officer, or it could mean that you did not receive permission ahead of time for something that was an established rule such as relocation.
Substantive violations this is when a person that is actively under probation commits a new crime. Since one of the rules of probation is to avoid legal trouble the person will not only be looking at charges for the new crime, but they will also be looking at a violation of probation (VOP) charge.
VOP Charges
VOP charges can be quite serious, and without proper legal council you could be facing some serious jail time. The VOP charges will be reviewed in court, but you will not be permitted many of the options to fight your VOP charges like you would in a normal criminal case. You do not have the right to a jury trial, you may be required to testify against yourself, hearsay can be used, and the judge just has to believe that you are guilty it does not have to be proven past a reasonable doubt.
After determining
that a violation occurred, the judge usually signs an arrest warrant, and that
warrant may have a "no bond" provision in it. If this happens, the
person on probation is arrested and placed in jail, and remains in jail until
the court hears that case.
VOP charges are serious, and it is important to make sure that you are not providing anymore fuel for courts. Even if you may be facing VOP charges maintain accordance with all of your rules for probation until your court hearing. The judge may be willing to give you a second chance if they see that you are trying to adhere to the rules of probation.
It can sometimes be
difficult to avoid VOP charges or get out of a guilty verdict should you be
facing them, but your first step should be hiring a qualified attorney that
specializes in criminal and VOP cases. They will be able to represent you and
help you avoid more severe charges.
One of three things will happen if you receive a guilty verdict with your VOP charges. A judge may keep your probation in place and simply offer a warning that you will not receive another chance if you violate again, the judge may modify the terms of your probation, or the judge may sentence you to prison. The judge is permitted to sentence you to as many years as what is permitted for your original crime. This means that if you violate your parole and your max sentence was 25 years then you could be facing 25 years in jail.
A strong legal council is crucial to minimize the punishment that you may be facing for violating your probation. It is important to enlist the assistance of legal council as soon as possible to ensure the best outcome.
Contact Criminal Law Attorney James Davis about violation of probation.
