Criminal Defense Lawyers for Violation of Probation
Violating Probation Can Quickly Turn Into a Years-Long Prison Sentence. Fight For Your Freedom.
Those out on probation can quickly find themselves facing violation of probation (VOP) charges for innocent mistakes. They don’t deserve to go to jail for something out of their control.
JC Law defends these and others accused of VOP against over-anxious prosecutors looking to revoke court-mandated probation agreements.
What Is a “Violation of Probation”?
When a court or prosecutor accuses a defendant of probation violation, they claim that the defendant did something that wasn’t allowed as part of their probation.
Probations are ordered as part of a judge’s original sentence for a convicted crime. They are a limited type of freedom where they can stay at home, but only if the defendant can meet certain conditions.
Judges may even offer to keep the conviction off of your official criminal record as part of a probation agreement, helping you reintegrate into society as a productive, employable individual.
Possible probation conditions may include:
- Supervision and regular meetings with a probation officer
- Community service time
- Possible restriction of movement, such as house arrest or not being allowed near a victim
- Counseling for addiction and other mental health illnesses that may have contributed to the crime
- Revocation of certain licenses or the right to own firearms
- Limitations on certain activities, such as alcohol consumption or internet use
Probations vary widely, as the conditions are based on the convicted crime and the defendant’s history.
Therefore, possible violation probations may include:
- Getting arrested for breaking more laws;
- Failing a mandatory drug test;
- Not talking to an assigned probation officer at the designated time;
- “Failing out of” or outright refusing court-ordered treatments, such as therapy or addiction programs;
- Failing an interlock ignition device as part of a DUI offender program; or
- Not paying court-ordered fines by the due date.
Ultimately, when a court offers probation, it means that they have some degree of trust in the defendant’s ability not to re-offend and present a danger to the community.
Break that trust by not following any of a probation’s requirements – regardless of reason – and you’re looking at probation violation charges.
JC Law Can Help with Your VOP
As someone who understands the weight of legal troubles, I know how quickly a violation of probation (VOP) charge can turn your life upside down. An innocent mistake, a misunderstanding, or circumstances beyond your control shouldn’t lead to a lengthy prison sentence. That’s why I’m passionate about fighting for the freedom of individuals facing these challenging situations. At JC Law, we believe everyone deserves a second chance, and we’re dedicated to providing a strong defense against overzealous prosecutors seeking to revoke your probation agreement.
Understanding Violation of Probation
So, what exactly constitutes a “violation of probation”? Simply put, it’s when a court or prosecutor alleges that you’ve failed to comply with the conditions set forth in your probation agreement. These conditions are part of the judge’s original sentence for your convicted crime and represent a limited form of freedom. You’re allowed to remain at home and reintegrate into society, but only if you adhere to specific rules.
In many cases, judges offer probation as an alternative to incarceration, and sometimes even agree to keep the conviction off your record upon successful completion. This provides a valuable opportunity to rebuild your life and become a productive member of the community.
The specific conditions of your probation can vary widely depending on the nature of your crime and your individual circumstances. Common examples include:
- Regular meetings and supervision by a probation officer
- Mandatory community service hours
- Restrictions on your movement, such as house arrest or prohibitions from specific locations
- Counseling for addiction or mental health issues that may have contributed to the crime
- Revocation of certain licenses or the right to own firearms
- Limitations on activities like alcohol consumption or internet use
Given the diverse range of probation conditions, potential violations can also take many forms, such as:
- Arrest for committing a new crime
- Failing a mandatory drug test
- Missing scheduled meetings with your probation officer
- Refusing to participate in court-ordered treatment programs
- Failing an interlock ignition device test after a DUI conviction
- Falling behind on court-ordered fines
Ultimately, when a court grants probation, it signifies their belief in your ability to avoid reoffending and posing a threat to the community. However, violating any of the probation requirements, regardless of the reason, can lead to serious consequences and potential violation charges.
Probation vs. Parole: What’s the Difference?
While often confused, probation and parole occur at different stages of the criminal justice process. Probation is typically part of the initial sentence handed down by a judge after a conviction. It can be offered instead of imprisonment or combined with a period of jail time.
Parole, on the other hand, comes into play after a convicted individual has served a portion of their prison sentence. They may petition authorities for early release based on factors like good behavior or a demonstrable change in attitude.
Violating either probation or parole is a serious matter. To be granted either form of conditional freedom, you must commit to following the court’s prescribed conditions. The court, in turn, places its trust in you to uphold your end of the agreement. Breaching that trust can have severe repercussions, as judges and prosecutors do not take such violations lightly.
Understanding the Penalties for Probation Violation
Unlike many other crimes with fixed minimum sentences, judges have considerable discretion when determining the consequences of a probation violation. They will consider the specific circumstances of the violation and its overall severity.
Potential penalties for violating probation include:
- Extension of the probation period
- Imposition of additional restrictions and conditions, such as stricter movement limitations or a change from outpatient to inpatient treatment
- A short jail sentence as punishment for the infraction
- License revocation, particularly if the violation involved a traffic offense
- Outright revocation of probation, leading to a reinstatement of the original sentence
If the judge deems the violation serious enough, they can revoke your probation entirely, and you may face incarceration for the remainder of your original sentence. This is why having skilled legal representation is critical in these situations.
How a Criminal Defense Lawyer Can Help
As I mentioned earlier, a probation violation is often a subjective determination. The judge ultimately decides whether the alleged violation warrants punishment, rather than being bound by a mandatory sentence. In fact, a VOP hearing is technically a civil proceeding, not a criminal trial, because the state is accusing you of breaching a contract—the probation agreement—rather than breaking a law.
However, you retain certain essential rights that may be overlooked or ignored without proper legal representation. Crucially, you have the right to receive written notice of the violation charges and to present evidence and witnesses in your defense.
An experienced criminal defense lawyer specializing in probation violation cases understands what types of evidence and witnesses will be most effective in mitigating or even dismissing the charges altogether. Attempting to navigate a VOP hearing without legal counsel can have dire consequences. If the prosecution convinces the judge that a serious violation occurred, the hearing can quickly turn into a sentencing proceeding.
Judges have the power to impose significant jail time on probation violators, particularly if probation was initially granted in lieu of a longer prison sentence. In essence, if the state initially agreed that your crime warranted a certain number of years in jail but allowed you to serve that time through probation, violating the terms of that agreement can lead to the reinstatement of the original sentence.
Even though it’s not technically a criminal charge, anyone accused of violating probation needs the best possible criminal defense to avoid the potential of substantial prison time.
Why Choose JC Law?
At JC Law, we recognize the fear and uncertainty that come with facing a violation of probation charge. We’re committed to providing compassionate, personalized legal representation to protect your rights and fight for your freedom. We’ll thoroughly investigate the circumstances of your case, gather evidence to support your defense, and develop a comprehensive legal strategy tailored to your specific needs.
We’re proud of our track record of success in defending individuals against VOP charges, and we’re ready to put our experience to work for you. Contact us today to learn more about how we can help you navigate this challenging legal process. Don’t let a probation violation derail your life. Let JC Law fight for your freedom and help you achieve the best possible outcome in your case.
“I used James Crawford on a violation of probation. One day after I was arrested, my wife went right to Crawford’s office. At my VOP trial, he argued the case and had everything Dismissed!!! If you or anyone you know have a court date, use James Crawford, Jr.”
