Violating your probation is a serious offense. Failure to comply with the conditions and terms of your probation could lead to severe penalties, including jail or prison time.
If you find yourself in this situation, it is important to act quickly. Call a violation of probation lawyer in King of Prussia who has the knowledge and experience to fight for your freedom and the best possible outcome for you. If your freedom is at stake, call the McKenzie Law Firm, P.C. at 610-680-7842.
Types of Probation Violations
The court recognizes two kinds of probation violations:
- Technical: A technical violation occurs if you fail in some way to comply with the court-ordered terms of your probation. Technical violations can vary widely.
- Substantive: A substantive violation occurs if you commit a crime while you are on probation. This includes any violations of county, state, or federal law.
Common Technical Violations of Probation
- Failure to appear in court
- Failure to report to a probation officer
- Leaving the county or state without informing probation officer
- Testing positive for drugs or alcohol
- Failure to complete a court-ordered treatment program
- Failure to pay court fees
- Associating with the wrong people
Common Substantive Violations of Probation
- Driving under the influence
- Possessing a controlled substance
If you are facing probation violation charges, you have a lot at stake. If you are found guilty, a judge could revoke your probation and order you to serve the maximum time allowable for your original sentence. This could alter your lifestyle drastically and affect your family life, job, or education.
During this trying time, you may be unsure about what to do next. We understand what you are facing. Our team can help you understand your rights and any charges against you. There are numerous things our probation violation lawyers can do to restore your probation and try to keep you out of jail.
The McKenzie Law Firm, P.C. has years of experience handling probation and parole violation cases and can put that experience to work for you. Do not wait. Call us today at 610-680-7842 for legal assistance with this pressing matter.
Possible Consequences for Probation Violation
The judge has broad discretion in issuing penalties for probation violations. For minor offenses, the judge could sentence you to:
- Community service
- A rehabilitation program
- A boot camp program
- Any other program the judge feels would benefit you
More serious offenses could lead to harsher penalties, such as:
- Paying large fines
- Paying restitution to victims
- Serving a portion of your sentence
The judge could also revoke your probation completely and require that you serve the remaining term of your initial prison sentence.
The judge will consider many factors before imposing penalties, including the severity of the offense you are accused of as well as whether this is your first probation violation. The penalties are often less severe for first-time probation violators.
Regardless of the severity, you do not want to leave your freedom to chance. Our team can help protect your freedom and your future.
The State Accused Me of Violating My Probation. What Can I Expect?
Depending on the seriousness of the violation, your probation officer could:
- Give you a warning;
- Place you under arrest; or
- Have you appear before a judge at a probation hearing.
At your hearing, the judge who will evaluate the evidence and determine whether you violated your probation or not.
The State Will Attempt to Prove You Violated Your Probation
The prosecuting attorney will attempt to prove you committed a probation violation. The standard of proof for a probation hearing is lower than it is in criminal cases, however.
The prosecuting attorney must prove the probation violation occurred according to a “preponderance of the evidence” standard. That means they must prove the violation by a likelihood of 50 percent. If the judge determines you have violated the terms of your probation, he could issue a variety of serious penalties, including jail time.
If the State Proves You Violated Your Probation, You Could Go to Jail
The judge’s decision in a probation violation hearing could negatively affect every aspect of your life as you know it. Going to jail, even for a short period of time, can affect your family, your job, and your finances.
As soon as you know you have been accused of violating your probation, you should take action to preserve your freedom. The team at the McKenzie Law Firm, P.C. have years of experience representing clients in violation of probation cases. They have the knowledge and experience to negotiate the best possible outcome for you based on the particular circumstances of your case.
Call David McKenzie Today for Help with Your Probation Violation Case
If the state has accused you of violating your probation, you may be wondering if you need a lawyer. While the state does not require you to obtain legal representation, a lawyer may be able to help keep you out of jail.
Our probation violation lawyers will work diligently to keep your probation intact and attempt to minimize any potential penalties you may face.
If you were falsely accused or there is a case of mistaken identity, we will gather evidence to show it. If there are mitigating circumstances which contributed to your probation violation, we can show what actually happened.
The McKenzie Law Firm, P.C. will stand by your side and fight for your rights and freedom. We are serious in our commitment to present the best possible defense for our clients. We will answer any questions you may have, explain the charges you face, and our strategy for your defense. If you have been accused of violating your probation, there is no time to waste.
Call the McKenzie Law Firm, P.C. at 610-680-7842 for your free case evaluation.