Agreeing to go on probation as a way to avoid jail time is a good idea if you are prepared to follow the rules of the probation. Every case is different, but in all cases you will be required to pay court costs and fines, and to stay out of trouble while on probation. If you are successful, you will enjoy a reduction in charges or even dismissal of the charges at the end of your probationary term, depending in the bargain you made. But if you make a mistake, you will be fully responsible for the charges, as well as have to defend new charges and the violation of probation charge.
Defending a charge of violation of probation can be tricky, but when you know how the case is structured, you are better prepared for the task. There are three parts to defending a probation violation, and these include:
- Defending either an actual or technical violation. A technical violation might be hard to spot, because it is a violation that includes failing to abide by certain administrative terms of your probation. But an actual violation, on the other hand, is easy to identify because it involves committing a new crime.
- Determining the possible range of punishment for the violation, and then developing a defense that addresses that punishment. Knowing what you are up against will help you to pinpoint which facts are relevant to your defense, and which ones should be kept out of Court.
- Making sure you appear in Court when required, to defend not only the violation of probation charge, but also the new crime.
It is not always easy to tell what you are supposed to do while on probation, so if you have questions, be sure to ask your attorney. We have seen it all, and can help you to be clear on what is required of you while serving a term of probation. If you are on probation and have been charged with a violation, of if you are not sure whether to accept an offer of probation, call us for help. We will go over your options with you and help you make a decision that works for you.
If you have questions about how to defend a probation violation, contact an experienced criminal defense attorney in Stuart and the Treasure Coast for answers. Your first visit is a free consultation and we work with you to reach results that fit your needs.