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Probation Violation

Probation Violation


In many criminal cases, the judge imposes a sentence that includes a period of probation.  Probation is imposed for a variety of reasons, and is often seen in cases where there is little or no criminal history or where the charge is relatively minor.  The length of probation varies and will depend on the type and severity of the charge, as well as the sentence imposed by the judge. 

To be in compliance with your sentence, there are specific guidelines that you must meet and abide by during the period of your probation. Failure to comply with the requirements of your probation will often result in an arrest for violation of probation with no entitlement to bond.  Even a minor infraction is enough to result in a violation, and in many cases, individuals charged with probation violation are held without bond until their case is resolved. 

Violations of probation can have serious consequences.  If you violate the terms of your probation, the violation can result in a harsher sentence, in the form of increased fines or incarceration, if the matter is not addressed quickly.  A judge can sentence you to any legal sentence up to the maximum sentence allowed by law.  Your probation may be reinstated, modified, or revoked.  You may be sentenced to time in jail or prison for violating your probation, even if your original sentence did not include incarceration. 

Violations can be either technical or substantive in nature.  A technical violation occurs when an individual violates the general or special conditions of his or her probation.  Examples include, but are not limited to, failure to meet with a probation officer, failure to complete court-ordered counseling or classes, and failure to pay fines and costs.  A substantive violation occurs when the individual commits a new criminal offense while on probation.

Whether the violation is technical or substantive in nature, it is in your best interest to have an experienced attorney on your side to explain the circumstances and reasoning for the alleged violation, to present any necessary documentation or evidence, and to make the appropriate arguments to avoid a harsher sentence.  If you are accused of violating your probation, you are not entitled to a jury trial.  Furthermore, accusations of violation of probation need only be proven by a preponderance of the evidence which is a much lower burden of proof. 

For years, the criminal defense attorneys at Rice Law Firm have successfully represented clients in probation violation cases.  We will thoroughly examine your case and formulate an aggressive defense.  We will investigate whether there was a violation, and, if so, whether the violation was minor or not willful.  We will analyze the sufficiency of the evidence to determine whether the accusation can be proven.  Whatever the circumstances, we will aggressively defend your violation of probation charge.  We will work with you to resolve the issues that led to the alleged violation and, when appropriate, will attempt to have the charges dismissed.

Please contact us through our web mail contact form, or through our main office number, 386.257.1222.  We understand that you may need our assistance after-hours or on the weekends, and in such situations, we can be reached at our after-hours number of 386.255.2464.

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