Violation of Probation Attorney
Probation and community control are alternatives to incarceration. The court will often include certain special conditions of probation that are unique to the individual probationer. There are also general conditions of probation that are always included as part of probation.
Special Conditions of Probation
The judge may impose certain requirements as part of probation that are unique to the individual probationer. Judicially imposed requirements may include performance of community service, attendance of particular classes; payment of financial obligations such as restitution, fines, and costs; and compliance with stay-away provisions, injunctions, and curfew requirements.
General Conditions of Probation
Certain general conditions of supervision are ordinarily imposed in addition to any special conditions. General conditions of probation may prohibit the probationer from using drugs or alcohol, prohibit the probationer from committing any new law violations, prohibit travel outside the county, require the probationer to submit to search and seizure even without probable cause, and require the probationer to regularly report to probation.
Re-Sentencing After Probation Violation
If a judge determines that a person violated the terms and conditions of probation and revokes probation, the probationer may be re-sentenced to serve additional time in jail or prison. If probation is revoked, re-sentencing may include additional jail or prison up to the maximum jurisdiction for the offense, less any credit for time served.
Re-sentencing after violation is an important concept to understand. By way of example, assume a person is sentenced to five years of probation on a third degree felony, which carries a maximum jurisdiction of five years. If the probationer serves probation perfectly for four years, but then violates in the fifth year, the probationer may be re-sentenced to prison for up to 5 years, without any credit for time served on probation.
Early Termination of Probation
In some cases you may request the court to terminate your probation early, before the end of originally sentenced term for probation. Call DeVoe Law Firm for cost-effective assistance with your request for earlyer termination of probation.
Call DeVoe Law Firm
There is a lot at stake when the State alleges a violation of probation. Defense of a violation of probation should not be taken lightly. A skilled attorney can identify legal issues and present mitigating evidence to the court in order to increase the chances for reinstatement to probation.