What Is A Probation Violation?
Do you think you may have violated one of the rules of your probation period? You could be facing harsh consequences, including revocation of your probation or even jail time. At Stewart, Schmidlin, Bullock & Gourley, PLLC, our aggressive criminal attorneys will fight on your behalf to ensure that the fallout of your probation violation is minimized.
Examples of probation violations include:
- Committing new crimes (new criminal cases)
- Being arrested even if no criminal charges are pending
- Failure to pay a fine
- Failure to pay restitution to the victim
- Failure to enroll in or complete rehabilitation community service
- Failure to appear in court for a progress report
- Violation of probation rules, including:
- Staying away from certain people or locations
- Reporting to the probation officer when expected
- Possession of illegal drugs or weapons
- Association with known criminals
- Committing new crimes (new criminal cases)
A violation of your probationary terms can be very serious. Call us immediately at 919-989-8900 if you or a loved one have violated or are being accused of a violation. If you are on probation, it is because you have committed a crime and have been given a second chance. The courts do not appreciate seeing you back in court once they have given you your chance; they are likely to be much harsher the second time around. Our probation violation lawyers at Stewart, Schmidlin, Bullock & Gourley, PLLC, have a proven track record and a great deal of experience dealing with people in your situation. Our defense attorneys are aware of all laws and codes, new and old, that may apply to your case.
If your probation violation is of the same nature as your original crime, it is more serious than an unrelated offense. For example, if you are on probation for a DUI offense and are charged with a new DUI offense, it shows the court that you have not changed and are likely to continue in the same line of behavior. Or, if you are on probation for a violent crime, such as assault, and violate with charges of domestic violence, it shows the court that you are still a violent person and likely need to be incarcerated. Our probation violation lawyers see these types of cases often. We will look into every detail of your case to mount the strongest possible defense on your behalf. The situation may not be as clear as even you consider it to be. There are several details that can end up being the crux of your case, such as your state of mind, the actions of any police officers involved, lack of evidence, the likelihood that a reasonable person would have acted the same way you did, etc. Call our office today in Smithfield and achieve peace of mind, knowing your case is in the right hands.
Other relevant factors include the seriousness of your violation, the number of times you have violated in the past, aggravating circumstances, how far along you are in your probation period, etc. An experienced attorney will ensure that all relevant defenses are used in your case. The most important thing to us is building our case around your main concerns. Whenever possible, we aim to prevent you from being jailed and ensure that the consequences of your probation violation are minimized.
If you do not retain legal representation and, as a result, lose your probation violation case, you could face any of the following:
- Potential jail or prison sentence
- Probation extension
- Additional probation terms imposed
- Probation revoked
- Community service
- CalTrans (physical labor)
- Rehabilitation/counseling/treatment program
Our firm’s skilled probation lawyers can prepare you for the violation hearing if it becomes necessary. We will gather all relevant evidence, interview witnesses, investigate the police offers involved, establish communication with the probation department and probation officer and mount a defense based on favorable evidence found therein.
Time Is Of The Essence. Call Us Now.
If you or someone you know is facing a probation violation charge, time is of the essence. The sooner our defense team can begin working on your case, the stronger your defense will be. Send us an online inquiry or call Stewart, Schmidlin, Bullock & Gourley, PLLC, today at 919-989-8900 for your free consultation.