Violating probation: What to expect.

Facing a potential conviction due to a probation violation can be daunting, especially if it was unintentional or stemmed from an oversight. As your probation violation attorney, my primary focus is to advocate for you and persuade the judge to consider leniency rather than imposing severe penalties for what may have been a simple lapse in judgment.

What can I expect from the probation violation process?

Understanding the probation violation process is essential for navigating through it effectively. While it differs from a typical criminal case, the general procedure remains similar.

  1. Notification: Your probation officer will inform the court of the alleged violation(s) of probation terms.
  2. Court Action: The court will schedule a hearing to address the violation and may issue a warrant for your arrest.
  3. Arrest and Bond: If arrested, you will attend a hearing where a bond may be set.
  4. Statement of Violations: You will be provided with a Statement of Violations detailing the alleged breaches of probation terms.
  5. Probable Cause Hearing: You have the right to a hearing to determine if there is sufficient cause for the alleged violation.
  6. Evidentiary Hearing: You are entitled to a hearing where the state must prove that the violation occurred.

What are the possible consequences of violating probation?

  • Community service
  • Probation warning or modification
  • Extension of probation duration
  • Additional probationary restrictions (e.g., stricter curfew)
  • Mandatory drug testing or treatment
  • Enrollment in specific classes or programs (e.g., anger management)
  • Regular counseling sessions
  • Jail time

It’s crucial to note that the judge who initially imposed probation will also preside over the violation hearing. This judge’s familiarity with the case may influence their decision on the appropriate punishment. Therefore, there’s a risk that they may opt for harsher penalties than initially anticipated.

Having an experienced probation violation attorney by your side is invaluable during this process. We can analyze your case to identify mitigating factors, such as progress made during probation, stable employment, or participation in rehabilitative programs, which may sway the court toward a more favorable outcome. By presenting a compelling case and advocating on your behalf, we strive to minimize the repercussions of a probation violation.

Nathan Akamine - Criminal defense lawyer
I’m Nathan Akamine,

I have 24+ years of private practice experience and knowledge of the inner workings of the criminal system gained as a former Franklin County Prosecutor.

As your attorney, I will personally handle your case. I limit my caseload to ensure full personal attention to each client – from the initial case review to the resolution. 

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