Probation Violation

A violation of probation or failure to report to your probation officer can lead to jail time or a prison sentence. In many cases, parole or probation violations are unintended and result from simple misunderstandings.

The probation violation defense attorneys at our law firm will fight aggressively to keep you on probation or parole – and out of jail.

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As soon as a probation violation occurs, an arrest may follow shortly thereafter and/or the defendant may be ordered to court for a probation violation hearing.  During the court hearing, the Prosecutor must prove the violation by more than 50% of the evidence, as opposed to ‘beyond a reasonable doubt’ which is necessary for a criminal trial.

There are several factors that the Judge and Prosecutor use when considering a probation violation.  They include:

  • The seriousness of the probation violation
  • The nature of the violation
  • The history of previous violations
  • New criminal activity surrounding the violation
  • Aggravating and mitigating circumstances of the violation
  • The probation officer and/or probation department’s view of the violation
  • The probation violation with respect to the probation term (whether it occurred at the beginning, middle, or end of the probationary term)

What can you do to improve the outcome of your case?

  • Gather documentation of your good character.
  • Exercise your right to remain silent.
  • Hire a qualified and skilled attorney as soon as possible.
  • Keep a diary of all significant events and potential witnesses.
  • DON’T investigate your own case.

What can one of our lawyers do for you?

  • Early preparation, including legal research and defense identification.
  • Early investigation and identification of all facts helpful to defense.
  • Interview police officers and prosecutors to dismiss or reduce charges.
  • Interview all witnesses.
  • Reduce or eliminate bail requirements.
  • Keep your family informed about the progress of your case.
  • Negotiate alternatives to jail.
  • Get evaluation reports from a court-approved psychologist.
  • Coordinate a private lie detector test.
  • File appropriate motions to dismiss the case or suppress evidence.

Contact us to discuss how you or a family member can successfully defend a parole or probation violation charge.