Two Types Of Probation Violations
It is not unusual to be accused of a probation violation when one never really took place. To avoid serious consequences, you need a skilled criminal defense attorney to voice your side and protect your rights.
Probation is basically the suspension of a criminal sentence. If convicted of a probation violation, you could be sent to jail/prison to finish out the full sentence.
Two types of probation violations can occur. The first is technical and you may have violated probation without even knowing it — your probation office changed and you didn’t get notice, you erroneously thought probation was complete or it was not clear whether probation had been completed. The second is a direct violation — for example, failing a drug test or disregarding house arrest.
The Probation Violation Process
It is important to look at the circumstances surrounding the alleged violation. This is done in two steps:
- The admit/deny hearing is scheduled and this involves the defendant admitting or denying that the probation violation ever took place. If the offense is admitted, then there may be an extension of probation, fines, imprisonment or community service.
- The second step is the evidentiary hearing in which the state has to prove that probation was violated. The defendant may be found guilty or not guilty of the crime based upon the evidence that is submitted by the state to the court. If not guilty, the defendant remains on the original terms of the probation with no consequences to be paid. If found guilty, the court will determine the penalties.
The most common penalty is for probation to be revoked.
Fight A Revocation
If you have been accused of probation violation, seek guidance from a probation violation lawyer who can fight to limit the damage. Speak to experienced attorney Bruce Rivers by calling 612-915-0355 or sending a message online.