Violation of Probation
Posted on Jul 13, 2011 10:55am PDT
Violation of Probation Attorneys
If you or a loved one has been charged with a Violation of Probation (
VOP) or violation of Community Control, it is important to speak to a defense
attorney as soon as possible. A charge of Violation of Probation or Community
Control is a serious matter, and the faster it is addressed, the better.
As attorneys, one of the first issues arising out of a
VOP is getting our client out of jail. Many times, a defendant charged with a
VOP is given a no bond status. If a defendant is being held in jail without
bond, the attorney may be able to obtain a hearing to request that a bond
be set so the defendant can be released.
When a violation of probation is filed by the probation officer, the defendant
may be sentenced to the original, full amount of jail/prison time for
that charge, if convicted. For example, a defendant charged with a
VOP resulting from an initial charge of a first-degree misdemeanor, can face
a maximum jail sentence of one year. Similarly, a Violation of Probation
for a third-degree felony can result in a five-year prison sentence. The
decision of guilt is made by a judge, not a jury. Moreover, the burden
of proof is less than the State would have to prove at trial. In a Violation
of Probation setting, the court only has to find that a violation occurred
by a “preponderance of the evidence.” This is a much lower
standard than “beyond a reasonable doubt” in a regular criminal
trial, and essentially means that the judge only needs to be convinced
that it was more likely than not that the Violation of Probation was committed.
The reason for the violation also plays a big role in the handling of the
case. If a new criminal charge or “new law violation” is alleged
as the reason for the
VOP, the attorney will need to address both the
VOP and the new criminal charges. Sometimes this means handling two cases
in two different courts. However, it is critical that the attorney know
of the pending new case because a plea to the new charges can have serious
consequences for the
VOP. For example, a plea to the new charge can be considered an automatic
violation. A defendant charged with a
VOP should not plea to the new charge or make any statements without consulting
an attorney.
On the other hand, the reason for the violation may be a failure to complete
certain conditions ordered as part of the probation. These are commonly
referred to as “special conditions of probation. Usually, it is
best to complete these conditions before the hearing on the Violation
of Probation. An attorney is able to help evaluate the best strategy for
prevailing.
In Summary, if you are facing a Violation of Probation, an attorney an
attorney will develop the best strategy to manage issues regarding arrest
and release; preparing for the evidentiary hearing and sentencing (if
convicted).
Contact us today for information!