Many people who are charged with a crime agree to plead guilty and are sentenced to a term of years on probation. A person who has been placed on probation agrees to abide by the terms and conditions of his or her probation for the duration of the sentence. If a probationer violates these conditions, a judge may revoke the probation. In some cases, this can result in the defendant being sentenced to a term of years in prison, depending on what he or she was charged with originally.
The outcome of a probation revocation will depend on the allegations. Some probation revocations are based on the defendant absconding from probation. Absconding occurs when the defendant who has been placed on probation stops going to meetings with their probation officer or moves to a new location without requesting a transfer. In some cases, the defendant may go years without contact with law enforcement, but the probation revocation case will not simply go away. If you have moved to a new location without transferring your probation, it is a good idea to talk to an attorney about taking care of your case so you can avoid the embarrassment of being taken to jail on an outstanding warrant unexpectedly.
If the person who is on probation has not been paying fines or meeting with their probation officer, it may be possible to get the revocation case dismissed in some cases if the defendant catches up on any late payments and begins meeting regularly with their probation officer. This is especially true if the person has been doing well on probation so far except for not meeting a couple of the technical requirements. Some people on probation have special conditions that they are required to follow, such as to attend counseling or to do community service. If the person on probation fails to follow all conditions, the state may file a petition to revoke their probation.
If the probation revocation is based on allegations of a new crime, it may be more difficult to fight the case. The burden of proof for showing that a condition of probation was violated is less than the reasonable doubt standard. In many cases, the prosecutor assigned to a probation violation case will agree to see what happens with the new case before having a hearing on the probation revocation case. In some cases, however, a probation revocation hearing may be held first. The state does not have to prove that the defendant is guilty of the new charge, only that he or she was in violation of the terms and conditions of probation.
The prosecution must prove that violations of probation conditions were willful or inexcusable to sustain a conviction for probation revocation. In some cases, the defendant may be able to demonstrate that he or she had a reason for violating the conditions, such as a disability that prevented the defendant from working and paying fines.
If you have been accused of violating the terms and conditions of your probation, it is important to contact an attorney as soon as possible such as William Hanlon criminal lawyer in Clearwater . If possible, William Hanlon will get your revocation case dismissed. If this is not feasible, he will work hard to get you the best outcome possible. In some cases, an attorney can argue for leniency if there are mitigating factors that a court should consider. An attorney can help with your case by emphasizing the good facts that are on your side and offering a reasonable explanation if you violated any conditions. An attorney can also look for any technical flaws with the state’s case, such as failure of the prosecution to file a revocation petition in time.
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