Probation is court-ordered supervision which is an alternative to incarceration. Probation allows a person to avoid jail or prison if they agree to comply with certain court-ordered conditions. If a person violates their probation, he or she can face up to the maximum penalty allowed on their underlying charge.
Most common reasons why people violate probation are:
- Failure to Pay Fines
- Failure to Complete Community Service Hours
- Failure to Report to the Probation Officer
- Failure to take or pass a Drug Test
- Failure to Complete Drug or Alcohol Treatment
- Being Arrested for a new Criminal Offense
It is important to hire an experienced attorney to protect your rights. In a Violation of Probation (VOP) hearing the burden of proof required by law and the evidentiary rules are different from a regular criminal trial. There is no right to a jury in a VOP hearing. The judge will decide if there was a violation and will determine the sentence.
If you have violated the terms of your probation, do not admit to the allegations against you without first consulting with an attorney. Often times, the prosecution cannot prove that the person “willfully” violated their probation. Also, admitting to a violation of probation may have a devastating effect on any other cases which you may have currently pending because prosecutors can try to use your “admission” against you in your new case as a confession. If you have violated probation, especially by picking up a new arrest, it is crucial that you have an experienced attorney handle both your VOP as well as your new case.
Steven J. Litvack has experience handling all VOP issues. As a prosecutor, Mr. Litvack handled hundreds of VOPs.
If you discover that there is an outstanding warrant for your arrest, contact Steven J. Litvack immediately. Do not wait to get arrested. You could spend weeks in jail with No BOND before your first court appearance. Protect your rights. We are ready to fight for your rights and will try to keep you out of jail. Don’t wait until you run out of options, call us today for a FREE CONSULTATION.