If you’ve been charged with a probation violation, there are many defense strategies available to help you fight against these charges. Determining which on works best for you will take some consideration of the circumstances under which your violation occurred and what the nature of it is.
Probation is a kind of sentencing meant to keep offenders out of jail or prison with various restrictions, while still allowing them to participate in normal activities and work.
Probation typically lasts between one and five years, but violations can potentially result in an extension of probation or stiffer penalties invoked by the court. An experienced attorney can help you avoid this.
Evaluating Your Violation
Probation violations come in many shapes and sizes, including weapon possession, testing positive for alcohol or drugs, failing to report to your probation officer, and traveling outside of the boundaries of your probation.
The overall goal of the courts is to rehabilitate offenders while keeping them from reoffending, so the way your violation is handled will be proportionate to the offense. Your violation will be evaluated by a judge based on the risk of serious harm. If it’s found to be significant, you may be placed in jail. However, if the violation presents no risk to the community, other penalties will be given.
A skilled attorney can help you determine the best defense for you when it comes to your violation.
Lack of Money
If the violation you committed involved a failure to pay fines, restitution, child support, or any other court-ordered payment, it could be possible set-up a partial payment, renegotiate your current payment plan, or to have more community service to replace the restitution.
A Failure to Report
If you’re unable to report to your probation officer due to an involuntary situation, the court may waive your penalties. However, evidence will certainly be required to support your claim.
Positive Drug Test
It is possible that you falsely tested positive for drugs or alcohol, with many different interferences at play. Providing evidence of any possible reasons for a false-positive can help clear from violation charges. Additionally, you could have had a controlled substance in your body prior to being put on probation, so it’s important to have a knowledgeable attorney on your side to help you figure out what applies in your situation.
Committing a New Crime
A new charge requires that the judge set a new bond amount, which can result in jail-time. Your bond amount will be set based any prior criminal activity, risk level of the new violation, as well as the judge’s discretion.