Violation of Probation
Have you or a loved one violated the terms of your probation? Was it a mistake or due to extenuating circumstances? Regardless of how the violation occurs, a violation of the terms and conditions of probation can have serious consequences. A violation can lead to a revocation of probation, the imposition of stricter conditions, and even jail time. If you are concerned that you may have violated probation or have already been notified of the violation, you owe it to yourself to contact highly competent representation. The experienced attorneys at Malamut & Associates can help you. Contact Malamut & Associates today to schedule a consultation. We look forward to meeting you.
At Malamut & Associates, we understand that probation violations can be frustrating and frightening. It is important not to ignore the situation. Good counsel can make all of the difference. We have retired county prosecutors, current municipal court prosecutors, and career defense lawyers at our disposal. All Malamut & Associates attorneys collaborate in order to get our clients the best possible results. We know how to help our clients who have violated probation. Before retaining another law firm, you owe it to yourself to speak to us and see what Malamut & Associates can do for you. We understand that good people sometimes make mistakes; we won’t judge you. We are in the trenches every single day tirelessly fighting for justice for our clients.What Constitutes a Probation Violation?
Probation is an alternative to incarceration for low risk offenders. It allows for people to serve their sentences in their communities while being supervised. Being allowed to be a part of society comes with many terms and conditions. Common terms and conditions to expect are scheduled appointments with your probation officer, curfews/time and place constraints, electronic monitoring, drug/alcohol testing, and mandatory counseling. Community service, education, and employment requirements may also be required. Any noncompliance with any of the specific terms or conditions placed on your probation can lead to a violation.What happens if I violate the terms of my probation?
Probation is generally considered a more lenient punishment than incarceration. However, should a probation violation occur, you could end up facing the maximum prison term for the underlying crime. At the hearing, your probation officer will often make a recommendation to the judge. The judge will take other factors into account, such as your criminal history and the severity of the current crime. Ultimately, the judge weighs everything all together and decides whether revoking probation is warranted.Can relatively small or minor violation lead to revoked probation and stiffer punishment?
Probationary rules are complex and occasionally hard to follow. Minor mistakes, such as missing a scheduled meeting or being late for a drug test, may go unreported by a probation officer. On the other hand, it may not. It is important to have a good relationship with your probation officer. Judges take their recommendations into account when deciding an appropriate response to a violation. A single violation may not result in you being dragged off to jail, but multiple repeated violations will likely lead to extremely stringent probationary terms or very possibly jail time. If you think you are facing a violation, it is very important to retain an attorney who can help you decide an appropriate course of action that will offer the best results for you. Do not hesitate to contact a qualified firm.What if I have already been informed of my violation?
Before you or a loved one plead guilty to a probation violation, it is imperative to retain a highly skilled and experienced criminal attorney. A probation violation does not result in a trial. Defendants are not afforded the same rights as if one were mounting a trial defense. A violation does not even need to be proved beyond a reasonable doubt. It must simply be determined that the supporting evidence of the violation is clear and convincing. These things are often your word versus the word of the probation officer. A judge may find it difficult to go against a probation officer when doing so questions the officer’s credibility. However, this is not a hopeless situation. While not the same as a criminal trial, a probation violation hearing allows for you be represented by an attorney. An experienced attorney may be able to successfully argue that no violation occurred. If the violation clearly happened, a skilled attorney could argue that the proposed penalties for the violation go too far. Good counsel can mean the difference between incarceration and a more favorable probation adjustment.
Contact Malamut & Associates today to schedule a free consultation in order to discuss your specific situation.
We offer free consultations in person at our Cherry Hill, NJ office, or we can come to you. All personal injury cases are handled on a contingency basis, meaning that you will not pay any attorney fees at all unless we secure recovery compensation on your behalf. If we are not the appropriate firm to help you, we will offer counsel as to your best options. A representative of the firm can be reached at (856)424-1808, 24 hours a day, 7 days a week, 365 days a year. We look forward to meeting you.