Probation is often granted in criminal cases in lieu of a jail or prison sentence, or be ordered to be served following a period of incarceration. Probation is often used as a form of a plea agreement to avoid a trial and to avoid or reduce jail or prison time. When probation is granted instead of jail or prison time, it may be generally considered a show of faith by the court that prosecutors and the judge have reason to believe the accused has "learned a valuable lesson" and does not present an inherent risk to be a repeat offender or to run afoul with law enforcement in the future.
If an individual violates the terms of his or her probation, they may have their probation revoked and be ordered to serve the the term of incarceration according to the sentencing guidelines for the crime they were convicted of. A judge may not react in a favorable manner when addressing probation violations, as it is considered by may judges as a breach of the trust the court had previously shown for the accused.
It is extremely important in a probation hearing for your legal counsel to either show that a violation never occurred, or that extenuating circumstances existed that may actually justify what has been perceived as a violation of probation. The burden of proof in a probation violation hearing is “willful and substantial.” This means chose to intentionally violated the terms of your probation, and that the violation was substantial enough that the State believes revoking your probation is prudent.
If you have been accused of a violation of probation or arrested for a new crime, you need an attorney on your side who is knowledgeable of the law, experienced at trial, and able to negotiate for you from a position of strength. Call our law office 24 hours a day, 7 days a week at 863.709.0808, or by using our online case evaluation form.
We stand ready to aggressively represent you, and answer all of your questions. An aggressive defense of your case in the early stages could lead to the charges against you being dismissed or reduced.