If you are on probation, the State is monitoring most aspects of your life. If you don’t follow the conditions of probation exactly, you are likely facing substantial prison time.
Many people do not fully understand what they must do to successfully complete probation. The Court will often not read or go over all of the conditions of probation they are imposing. The probation officer may not have the ability to answer all of your questions. Not every lawyer takes the time to go over every condition of probation. A single violation from your probation officer may be enough to land you in prison for many years.
First and foremost, when on probation you need to know exactly what to do to avoid a violation. I can help you go through all of the conditions of probation and give you real world advice on how to handle all of these responsibilities. The probation officer can file an affidavit of violation of probation whenever they feel you are not in compliance. The State attorney will call witnesses and may ask that you go to jail or prison. The Judge usually determines the length of your punishment. You need someone who is on your side.
It can be easy for a probation officer to file an affidavit of violation of probation, which leads the Judge to issue an arrest warrant. Some of the most common violations include:
· Failing to report to your probation officer
· Failing a urine test for marijuana, cocaine or even a prescription drug
· Getting a new arrest. You don’t necessarily have to convicted of a new arrest to violate probation, sometimes the arrest alone may be grounds for violation
· Not attending certain classes, such anti-theft, drug, alcohol or domestic violence
· Missing court
· Not paying fines, costs and/or fees
· Possessing drugs or paraphernalia, even is very small amounts
At a probation violation hearing, you don’t get the benefit of a jury. The Judge will decide who they believe that testifies. The State will try to prove you violated a condition of your probation. The state need only prove to the Judge (not a Jury) that you violated a condition of your probation by a “preponderance of the evidence”.
If you try to defend yourself in a violation of probation hearing, you are putting yourself in grave legal danger. There are literally thousands of different court interpretations on what is and what isn’t a violation. Unless you are an experienced lawyer who reads new and updated case law each and every week, you will not know all of the defenses that are available to you. I have over 16 years of experience dealing with probation matters