Every single day, someone somewhere is accused of a probation violation when there was no violations at all. Such accusations are common because of technical issues, such as misunderstandings or the rotation of probation officers. Whatever the reason, it is important that the accused state their reason for the alleged violation so that a fair decision regarding the matter can be reached.
If you or a loved one has been accused of a violation, it is important to not face the charge alone. Facing the charge alone could result in the maximum penalties being handed down, if convicted. By calling an experienced Mankato criminal defense lawyer as soon as possible, work can immediately begin on the case so that you or your loved one can possibly avoid going back to jail to serve out the remainder of the sentence.
Knowledgeable Probation Violation Defense
The most common penalty that is associated with a violation is the revocation of probation, resulting in the remainder of the original jail sentence to be served. To avoid going to jail, you will need to prove the facts in your case. The following will happen:
- An admit/deny hearing will be held, which is where the defendant admits or denies that the probation violation occurred. If the defendant admits to the violation, then probation may be extended, there may be fines, community service may be ordered, or the defendant will be ordered to go back to jail.
- If the defendant denies that the violation occurred, then an evidentiary hearing will be held. The state has the burden of proof that the violation occurred. This is where the defendant may be found guilty or not guilty based on the evidence that the state presents. If not guilty, then the original terms of probation apply with no consequences to be paid. If found guilty, then the penalties will be determined by the court.
Helping You Get The Best Result
There are two types of probation violations. There is the technical violation and the direct violation. A technical violation occurs when it was innocently violated. Perhaps the probation officer changed, there was reason to believe that probation was over, or the defendant may have been incapacitated in some way. The direct violation occurs when probation was intentionally violated. Perhaps the defendant did not abide by house arrest, failed a drug test, or simply ignored a specific condition.
Whatever the reason, it is important to work with an experienced and skilled St. James criminal defense lawyer in order to obtain the best possible result in the matter. Even when the situation seems hopeless, it may not be.
Contact A Criminal Defense Attorney
When a person is convicted of a criminal offense, they may be sentenced to probation. Probation tends to take the place of time that would otherwise be served in jail. However, a violation could result in the remainder of the sentence being served behind bars. If you have been accused of a violation, you will need an experienced attorney by your side every step of the way. To learn more about your rights and options, contact the Rosengren, Kohlmeyer & Hagen Law Office, Chtd. at 507-625-5000 for an initial consultation,