 |
 |
 |
 |
|
 |
A violation of probation occurs when a general or special condition of a probation court order has been violated. The objective of a violation proceeding is to impose the original jail sentence. Special defenses are available in these proceedings. Jack I. Hyatt is a former Senior Criminal Probation Officer, and Former Assistant States Attorney and has participated in numerous violation of probation and parole proceedings. He thoroughly understands the mechanics of probation, what the state's burdens are to prove a violation of probation, what defenses will best work and which defenses will not work. He will bring his experiences, using both sides of the law, to aggressively represent you in your violation of probation and will provide the very best opportunity so you will not have to serve the jail sentence imposed by the court. If we accept your case, we will provide you with a special prompt package that will enable you to detail exactly what occurred. After questioning you, we will detail all of your options and the very best way to proceed in your case. If you are on probation with harsh conditions, with the correct preparation, it is possible to have the conditions of probation modified, and sometimes terminated early. 410 - 486 - 1800 24/7 You can call now.
" Many thanks for your outstanding representation in getting my violation of probation charge dismissed prior to the hearing, especially since the probation officer was recommending my probation be terminated and that I go to jail."~~M.N. "I never realized how technical a charge of violation of probation could be and could have never presented the defenses you made on my behalf that resulted in an acquittal of all charges."~~S.R. "Thank you for your excellent representation, providing clear answers throughout the case and defending the violation of my existing probation due to a subsequent conviction, so I did not have to serve either sentence imposed by each court."~~A.C.
What is a Probation Violation?
Probation is a sentence which may be imposed by a court in lieu of incarceration. A criminal who is "on probation" has been convicted of a crime but has served only part of the sentence in jail, or has not served time at all. In most jurisdictions, probation is a sentencing option for misdemeanors and many felonies (these are commonly called "probationable" offenses), but not for higher-order felonies, such as capital crimes, forcible rape, and many others. An offender on probation is ordered to follow certain conditions set forth by the court, under the supervision of a probation officer. He or she is ordinarily required to refrain from subsequent criminal activity or possession of firearms, and may be ordered to remain employed, abide to a curfew, live at a directed place, obey the orders of the probation officer, or not leave the jurisdiction. The probationer may be ordered as well to refrain from contact with the victims (such as a former partner in a domestic violence case), with potential victims of similar crimes (such as minors, if the instant offense involves child sexual abuse), or with known criminals, particularly co-defendants. The offender on probation may be fitted with an electronic tag, which signals her or his whereabouts to officials, and it is very common for offenders to be ordered to submit to alcohol/drug testing or to participate in alcohol/drug or psychological treatment, or to perform Community Service work. Contents 1 Overview 2 Arming and increased authority 3 Types of supervision 4 History 5 Theory 6 Violation 7 Related probation articles 8 References
Arming and increased authority In the United States, most probation agencies have armed officers. In 39 states, territories and federal probation, such arming is either mandated or optional. Arming is allowed in an increasing number of jurisdictions, as the threat to the public and the officers evolves and increases, as does the public demand of safety and accountability.[5] Overview In the United States, both Federal and state criminal justice systems provide probation as a sentencing option, and state or territorial probation may be administrated either by state or local government (generally a county or court circuit). The several systems share similarities in method, but the scope, mission, and operations vary widely. Some jurisdictions combine probation with parole in one agency, some combine adult and juvenile probation in one agency, and some have entirely separate systems. Probation officers are peace officers who possess limited police powers. In Nevada, Oklahoma, and South Carolina, probation agencies also employ full-time police officers, who are authorized to arrest throughout the state, have access tactical special operations units, and are deployed to sites of emergencies and disasters. Nevada Probation and Parole, a division of the Nevada Highway Patrol department of public safety, responded to the Hurricane Katrina disaster to provide much needed police assistance to the devastated area.[6][7] Types of supervision Intensive probation, home detention, GPS monitoring These are highly intrusive forms of probation in which the offender is very closely monitored, and it is common for violent criminals, higher-ranking gang members, habitual offenders, and sex offenders to be supervised at this level. Some jurisdictions require offenders under such supervision to waive their constitutional rights under the Fourth Amendment regarding search and seizure, and such probationers may be subject to unannounced home or workplace visits, surveillance, and the use of electronic monitoring or satellite tracking. GPS monitoring and home detention are common in juvenile cases, even if the underlying crime is minor. Standard supervision Offenders under standard supervision are generally required to report to an officer, most commonly between biweekly and quarterly, and are subject to any other conditions as may have been ordered (as described above: treatment, community service, and so on). Unsupervised probation does not involve direct supervision by an officer. The probationer is expected to complete any conditions of the order without the involvement of an officer, perhaps within a shorter period. For example, given one year of unsupervised probation, a probationer might be required to have completed community service, paid court costs or fines, etc., within the first six months. For the remaining six months, he or she may merely be required to refrain from unlawful behavior. Such probationers may be asked to meet with an officer at the onset or near the end of the probationary period, or not at all. If terms are not completed, an officer may file a petition to revoke probation. Informal supervision is supervised or unsupervised probation without having been found guilty of a crime. (It should be noted that it therefore constitutes a violation of the alleged offender's rights of the accused.) Probation terms such as search clauses or drug testing may be included. At the end of the informal supervision period, the case is dismissed.
|
|