Probation And Parole Hearings

probation and parole hearingProbation and parole violations have many consequences, which can often be lessened by involving experience criminal defense attorneys. If you are facing a violation, contact us to discuss representation. Probation is often a part of the original sentence, where a defendant is on probation for a particular amount of time, and has a suspended amount of incarceration “hanging over his head” to make sure that he is compliant with the terms of his probation. Parole occurs after the initial sentencing, where a defendant serves jail time and may “make parole” or be released from jail early – it is a similar type of supervision, but the consequences can be different. However, in the cases of both parole and probation, a defendant is being supervised and and must comply with certain conditions, and there is a risk of going [back] to jail.

The sentencing court may impose conditions for probation for those eligible offenses and a probation officer may also implement other conditions of probation. If a probationer does not follow or violates the conditions and regulations of probation, the probation officer or the prosecutor may go back to petition the sentencing court to revoke probation. At that point the sentencing court may issue a summons directing the probationer to appear on a specified date or may issue a warrant for his/her arrest.

If the probationer admits to the violation, or after evidentiary hearing there exist a preponderance of evidence of a violation of probation, the sentencing court may revoke the probation and impose additional probation conditions, jail time, or may even reinstate the original prison sentence for the crime originally charged.

Examples of probation violations include failing to take or testing positive for random alcohol and drug urinalysis tests when use of alcohol or drugs is prohibited by the probation, failing to report to the agent, failing to pay court costs or test fees, or by failing to attend required treatment programs. The probationer is not eligible to be bonded out of jail while waiting for a probation violation hearing. Usually, the probationer can get his/her probation reinstated if there are no new crimes and it is his/her first probation violation. Depending on the initial sentence, nature of the violation, and the judge, there are a range of possibilities of what can happen if you are found to be in violation of probation.

The Law Offices of Marc Ward is experienced in helping people deal with parole and probation violations. Call us today and find out about your options.


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