What To Do If You Are In Danger Of Violating Probation

When an individual is convicted of a crime, probation is very likely in sentencing, either as a substitute for incarceration or directly following incarceration. When a defendant receives probation instead of jail time, they likely have little or no previous criminal record/history. In some cases, the crime is considered minor enough to not warrant jail time and thus probation is the alternative. It is very important that someone on probation take great care to follow all rules and guidelines of their probation terms.

The conditions of a probation sentence are determined by the court. The conditions often tend to be related to the crime in which the defendant is being sentenced. For example, a person being charged with possession of marijuana will likely be drug-tested regularly. Someone on probation for a DUI arrest will likely have probation conditions that prohibit them from consuming alcoholic beverages. For supervised terms of probation, there are more stringent guidelines with can include curfews, living restrictions and random searches of the home.

If an individual violates the terms or conditions of their probation, their probation officer will request a hearing in front of the judge that imposed the sentence if they choose to do so. Contrary to popular belief, it is judges that punish probation violators and not probation officers. When you find yourself in this predicament it is very important to retain the services of an Atlanta criminal attorney that specializes in defending probation violations. There is a likely chance a jail sentence will be imposed for violating probation, and you want to avoid that at all costs.

This can be particularly detrimental if the probation was in effect intertwined with a suspended sentence. For violating probation, a person who obtained a suspended sentence could likely be sentenced to serve the remainder of the suspended sentence in a house of correction. A suspended sentence is often like a gift, and when people don’t respect the opportunity or chance they have been given the judge can sometimes take it personally. If you are risking violation of probation associated with a suspended sentence, it is imperative to retain a criminal defense attorney and begin organizing a defense strategy immediately.

Violations of probation can consist of various infractions that are not technically criminal acts but that violate the conditions of the probation sentence. At the probation violation hearing, the state attorney’s job is much easier than it was during your criminal case. All the prosecutor has to do is convince the judge to the point that the judge is reasonably satisfied that the person violated the terms of their probation. Probation is basically a contract that you agree to with the state you are convicted in, and failing to honor the terms of that contract leads to big problems.

When you are facing a hearing for violating your probation, it is essential to have an attorney by your side protecting your rights. Often a deal can be made and you need someone who can negotiate on your behalf and make the situation as painless as it can be. With great legal representation, you can likely avoid being violated, but this will cause your probation officer to develop even greater animosity for you and it will be important to take greater care to follow the rules and restrictions afterward.