Probation Violatorn
A
violation of probation can lead to revocation of probation
and the imposition of a custodial (Jail or Prison) sentence.
Consequences for the conviction of Probation Violation may potentially include:
- Probation revoked and sentence imposed
- Jail or imprisonment (depends on original conviction)
Significant fines
- Probation reinstatement with additional terms including
- Jail/Prison
- Longer term
- Additional fines
- Community service
- Rehabilitation program
- Other
Likelihood of any of the above consequences depends on the following factors:
- Prior similar convictions
- Any other prior convictions
- Currently on probation or parole
- Attitude of community and court toward this type of crime
- Degree of media attention on case
- Mitigating/aggravating circumstance
- Other
Defenses for Probation Violation may potentially include:
- Insufficient evidence
- Factual innocence
- Probation terms complied with
- Other
What can you do to improve the outcome of your case?
- Gather documentation of your good character (reference letters, employment history, community service, etc.)
- Exercise your right to remain silent
- Retain qualified counsel as soon as possible
- Keep a diary of all significant events and potential witnesses (this information will help your attorney prepare the best possible defense)
- DON'T investigate your own case
What can we do to help?
- Early preparation, including legal research and defense identification
- Early investigation and identification of all facts helpful to defense
- Interview with police to minimize or eliminate the case
- Interview with the prosecutor to minimize or eliminate the case
- Interview all witnesses
- Reduce or eliminate bail requirements
- Provide emotional support to loved ones and keep informed
- In appropriate cases, negotiate alternatives to jail
- Get evaluation report from court approved psychologist (to show counseling may be a better alternative to jail)
- Coordinate a private lie detector test
- We can get appropriate motions to dismiss the case
- We can get appropriate motions to suppress evidence
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DISCLAIMER
The statement above is not legal advice! This statement is not intended to be a correct statement of law in your jurisdiction. This statement is intended to give you a very general understanding of what is involved in this type of crime. Please consult an attorney to find out what law applies in your jurisdiction.
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