Fighting a probation violation in Columbus.
What is probation and is it different from community control?
Before we get into the consequences of a probation violation, let’s clarify what it means. In Ohio, the term “probation” is usually used for misdemeanors while “community control” is used for felonies. However both terms are used to describe a period of supervision imposed by a court in lieu of jail time.
Often times, especially in tough cases, probation is a desired result, mainly because it means no prison time. However, probation is often comes with a list of restrictions that can prove really burdensome to everyday life. In fact, the terms of probation often seem to be set up to ensure the failure of the probationer. Sometimes a probation violation can seem inevitable, or maybe the violation was simply accidental. Whatever the reason for the violation, there are actions that can be taken to minimize penalties and avoid jail time.
How does the probation violation process work?
The probation violation process is different than the normal criminal case and generally follows the following process:
- The probation officer informs the court that probation has been violated in some way (probation officers may even arrest probationers without a warrant in certain situations);
- The court will then schedule a probation hearing or authorize an arrest warrant;
- If arrested, there will be a hearing and a bond may be set;
- You’re entitled to a Statement of Violations in which you’re informed of what terms of probation you violated;
- You’re also entitled to a probable cause hearing to determine if there is, in fact, a reasonable basis for the violation; and
- Lastly, you’re entitled to an evidentiary hearing in which the State must prove, that a violation actually occurred.
Know the possible consequences of probation violation.
At the time of your initial sentencing, the court suspended a jail or prison sentence on the condition that you successfully complete probation. If you admit to violating a term of your probation, the court can reinstate the suspended jail or prison term. Futhermore, the court can lengthen the term and even add additional probation requirements. It’s also possible to be held in jail, without bond, until a decision is made by the court.
However, it’s important to remember that a probation officer’s belief that you are in violation is not the final word. Even if you’ve violated your probation or failed to report, there are actions that can be taken to minimize penalties and avoid jail time. However, like most things, it’s best to address the situation before being arrested.
What can Akamine Law do for me?
At Akamine Law, we act quickly and aggressively on behalf of our clients. Even before your case is scheduled for court, we will work with probation to address any issues. This often greatly accelerates the probation violation process. Our goal is to get you before a judge and out of jail as soon as possible. If you’re out of jail, we’ll work to keep you out.
If you’ve violated probabtion, don’t wait to call an attorney. Get us fighting for you as soon as possible. Lets get started.
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