While some type of punishment must follow a criminal conviction, the penalty does not have to be a jail sentence. In many cases, judges order that you serve your sentence on probation instead of in jail. The legal theory is that a sentence of probation is essentially a contract with the court; in exchange for your promise to abide by all of your probation conditions, the court agrees to allow you to serve your sentence while living in the community.
Conditions of probation can vary widely and are generally tied to the crime and an offender’s personal history and characteristics. For the most part, the judge decides what conditions should be placed on your probation, but some convictions carry conditions that are mandated by statute. For example, the law requires judges to order that sex offenders register with local police agencies and refrain from communicating with a child less than 16 years of age on a social networking website while on probation.
Have You Been Accused of Violating a Condition of your Probation?
Most people, whether familiar with the court system or not, have heard of “probation,” and some may even think judges who sentence people to probation are “soft” on crime. In reality, it can be difficult to live your life under the terms and conditions of probation. Being arrested for another crime, a positive drug test, failing to report to your probation officer or to complete any condition of your probation (for example, substance abuse treatment or community service), and violation of a no-contact order - can all lead to a revocation of your probation. And even if you have been satisfactorily released from your probation, you may not be out of the woods - petitions to revoke probation may be filed up to one year after your completion of probation.
Revocations are initiated by the filing of a petition to revoke probation. Sometimes the petitions request that a court date be set; other times, the petitions request a warrant for your arrest or that you be held without bond. At the initial probation hearing, you will be advised of the allegations and possible penalties, and the judge will ask you to either admit or deny the allegations. If you admit the allegations, the judge will decide what sentence to impose. If you deny the allegations, the judge will set another hearing date during which the prosecutor will have to present evidence and prove the allegations by a preponderance of the evidence. If you admit, or a judge finds you violated probation, there are a variety of sentencing options depending, of course, on your particular situation. The judge may continue you on probation with no changes, extend the term of or modify the conditions of your probation, or order you to serve all or part of your suspended sentence in jail.
Why hire the Stracci Law Group?
Even those who start probation with the best of intentions may one day find themselves facing a petition to revoke their probation. While the revocation of probation doesn’t always result in a jail sentence - why would you take the chance?
If you are ever accused of violating your probation, don’t stand alone. Stracci Law Group understands how overbearing it can be to comply with the oftentimes strict and inflexible conditions placed on your probation. Stracci Law Group is comprised of a team of attorneys, all experienced in defending probation violations, contesting revocation hearings, negotiating resolutions with prosecutors and probation officers, and above all in presenting your best arguments. We defend your probation violation just as vigorously as we would any other crime -- fighting for you every step of the way.
Schedule a Free Consultation about your Probation Revocation or Violation
We want you to be confident that we are the best choice for you, so the Stracci Law Group offers free, comprehensive, and confidential consultations. Call (219) 525-1000 today to schedule a time to meet with us, personally discuss your situation, and learn more about our services, knowledge, and experience with state probation violations.