The meaning of the word probation is a period of time during which a person’s behavior and abilities are tested. Most people are familiar with probationary periods at their jobs. Like probation for employment, people may also be ordered to serve probationary sentences for criminal convictions. If you were placed on probation following your entry of a guilty plea or being found guilty at trial, you were ordered to complete a variety of terms and conditions by your judge. These terms and conditions are mandatory, and you may also have a probation officer who is supervising you.
Failing to meet the conditions that were ordered by the court can result in severe consequences. Actions that could violate your probation include such things as failing to follow a court-ordered curfew, traveling outside of a jurisdiction when doing so has been prohibited, illegally possessing a weapon, not completing drug or alcohol treatment or failing to do anything else that you were ordered to do by the court. If you are charged with violating your probation, it is imperative that you get help from an experienced criminal defense attorney like Robert J. Hickey. We are the leading criminal defense law firm in Orange County, and Mr. Hickey understands how to defend against allegations of probation violations.
What can happen if you are found guilty of violating probation.
The terms of your probation depend on how severe the crime of conviction is as well as its nature. Negotiating away your terms and conditions os not possible. If you don’t complete what you are supposed to or you fail to meet court-imposed deadlines for completion, the judge could issue an arrest warrant for you. If, after a hearing, you are found to be in violation of your probation, the judge could send you to serve out the remainder of your underlying sentence in prison or jail. This makes it even more important to get help from an experienced criminal defense lawyer who can help you with determining the best defensive strategy to use.
How your criminal defense attorney might help you.
If you are facing a probation violation case, you could be sent to jail or prison even if the violation was one that you consider to be minor. It is often not wise for people to try to face prosecutors, probation officers and accusatory witnesses without help. When you retain Robert J. Hickey, he may investigate the allegations of probation violations in order to determine whether any defenses might be available to you. He may also be able to negotiate agreements with the prosecutor and with your probation officer for you to remain on probation instead of being sent to prison or jail.
Potential penalties for violating probation.
There are many different things judges might do in order to punish those who are found to have violated their probation. The potential penalties may include being incarcerated, being ordered to perform more community service hours, being ordered to attend inpatient rehabilitation or additional counseling, paying fines, having to see probation officers more frequently or having the probationary period lengthened.
The judge is likely to base his or her imposed punishment on multiple factors. These may include how many violations you had and what the nature of the violations are, your criminal history and the evidence against you. The potential for severe punishment makes it very important for you to have good legal representation from a highly skilled criminal defense lawyer to fight for your rights.
You need a strong probation violation defense
The stakes are very high when you’ve been accused of violating your probation. Many judges view probation as giving people a chance to avoid prison. When you violate it, you run the risk of your judge deciding you’ve ruined your chance. This makes it very important to find the right defense attorney when you have been charged with a probation violation in Orange County. Call the Law Offices of Robert J. Hickey today to schedule your appointment and to learn more about how Mr. Hickey might work to defend you in your case.