When a person is convicted of a crime, it does not always mean they will go to jail. Depending on the seriousness of the crime and the person’s criminal record, the judge has discretion regarding what type of penalty the person will receive. In many cases, the judge will order the defendant to be placed on probation instead of jail. The judge will also include a list of conditions the individual must follow. If the person violations any of these conditions, it could result in revocation of the probation and jail time. If this happens, a probation violation lawyer can help.
There is a myriad of factors that usually come into play when a judge decides whether or not a defendant should receive probation instead of jail and, if so, what type of rules must they follow.
In addition to the type of crime and the defendant’s past criminal history, the judge will also consider whether probation instead of jail would put anyone in the community at risk. All of these factors will help determine the conditions the defendant must adhere to. These conditions could include:
If it is suspected that a defendant has violated their probation, the prosecutor will be notified. A motion will be filed to either adjudicate the probation or revoke it. At this point, a warrant is then issued for the defendant’s arrest. Once arrested, a revocation hearing is scheduled with the judge. Anyone who has been arrested and has a hearing scheduled should contact a probation violation lawyer right away.
At the hearing, the prosecutor will present their case to the judge as to how the defendant violated their probation. A probation violation lawyer will present a defense.
Once both sides have presented their case, the judge will make his or her decision. This could be:
Let Our Office Help
If you are on probation and have been accused of committing one or more violations, you need an aggressive probation violations lawyer defending you or you could end up in jail. Call Winfrey Law Firm, PLLC for legal help today.