Probation Violations
When a person enters into a plea bargain or is convicted of a crime they will be sentenced by the court. That sentence may include a period of probation. Probation is a sentence which may be imposed in lieu of incarceration. For felony probationary sentences you are still supervised by the Department of Corrections. For misdemeanors you are supervised by a private agency. In order for a probationer to remain at liberty he or she must abide by the terms of the probationary sentence. Probationary terms usually require the person to check in with a probation officer on a daily, weekly, or monthly basis. To comply with the terms of probation a person must not commit any new violations of the law.
If you fail to comply with the terms of probation, or if you commit a crime while on probation, you can be charged with probation violation. A person can even be charged with a violation if they become unemployed, travels to a different county or state, or changes residences without permission. It is important to remember that there is no automatic right to a bond if you have been charged with a violation. Often times you will remain in jail until your probation violation hearing.
Probation Violation Penalties
If you are charged with a probation violation you will return to court for prosecution on your original charge. A new law violation will be handled in a separate proceeding. If the person is found guilty of violating their probation, they may be subject to enhanced sentencing and their liberty. If you’re lucky you may be placed on community control which is a very strict form of probation or serve a suspended jail or prison sentence.
You Must Treat The Violation As A New Case
If you are charged with a violation of probation the violation must be treated as a new case. The evidentiary standards that apply are much lower than a regular criminal charge. The chances of conviction are great. You are not entitled to a jury trial. That is why prosecutors often choose to try your probation violation case first. It is much easier for them to obtain a conviction in a probation case than a substantive new law violation. Violation of Probation cases demand effective and aggressive defense tactics. Without the aid of a skilled criminal law attorney you are placing your liberty at peril.
If you have been charged with a violation of probation, Glenn Swiatek has the knowledge and experience to assist you. Criminal law is not his sideline – it’s all he does. Contact the criminal defense firm of Glenn Swiatek today to discuss the help available to you. To schedule a free consultation call Mr. Swiatek at 850-609-0940 or click here to send us and email.