Not showing up for a designated court appearance, missing a check-in with
your probation officer, committing an offense that led to arrest…
all of these are in direct violation of the terms of your probation. And,
without the proper legal representation on your side, all of these can
result in serious consequences.
If you’ve been found in violation of your probation, you must prepare
for the following:
- Probationary Officer’s Decision
- Probation Violation Hearing
- Probation Violation Sentencing
Don’t wait to
contact the Law Office of Daniel J Miller. A Virginia Beach criminal defense attorney at our office can help guide
you through your violation accusation.
Probationary Officer’s Decision
After a violation has been filed, your probation officer can pursue a variety
of avenues as far as consequences go. Past violations and their severity
can affect the way in which your probation officer proceeds. The punishment
could be as minimal as a warning, or as serious as being summoned to court
for a hearing.
Probation Violation Hearing
During a hearing, the Prosecutor will present a variety of evidence in
order to prove you are guilty of committing the violation. This is also
when your attorney will present an argument in your defense. In order
to find you guilty, the court must find “preponderance of the evidence,”
meaning the likelihood of you violating your probation is more than 50%.
In addition, factors such as severity of the violation, previous violations,
and seriousness of the original crime may factor into whether or not you
are found guilty of the violation.
Probation Violation Sentencing
Should you be found guilty of a probation violation, the court will issue
a sentence. This will occur shortly after your probation hearing. After
considering the severity of your violation, the court may mandate a longer
probation time, establish additional terms for your probation, charge
a fine, and/or issue a small amount of jail time. At the discretion of
the judge, your probation privileges can be revoked, and you will be sent
to prison to complete the remainder of your original sentence.
It is important to note that you, as the violator, have certain rights
regarding your violation hearing, including the right to an attorney,
the right to be heard in front of a neutral judge, and the right to present
evidence to defend your case.
Call our Virginia Beach criminal defense lawyers at (757) 517-2942. We
are available for you 24/7.
If you need a criminal defense lawyer for your upcoming probation violation trial,
contact the Law Offices of Daniel J Miller. With over 15 years of criminal defense practice under our belts, we have
the experience you need to properly present your case. Our attorneys will
strategize with you as we work toward a desired outcome.