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Virginia Beach Probation Violation Lawyer
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If you’ve been convicted of a crime, the state may give you probation rather than time in prison. It is always in someone’s best interests to follow the terms of their probation. Otherwise, they will lose probationary privileges, and they could face incarceration.
If you’re facing a probation violation charge, talk to our skilled Virginia Beach probation violation attorney as soon as possible. The Law Offices of Daniel J. Miller can offer you dedicated representatives who will tenaciously defend your rights and your freedom.
Courts can sentence people to probation in addition to sending them to jail. When serving probation, you must regularly report to your probation officer. This person checks in on your progress and makes sure you are obeying the terms of your probation. There are rules that everyone under probation must obey. The officer may also make other demands you must follow.
Types of Probation Violations
Common types of probation violations include:
- Failing to appear in court
- Failing to secure regular work
- Failing to pay court-ordered fines
- Getting arrested for another offense
- Failing to report to a probation officer
- Taking trips out of state without permission
- Going somewhere that your officer prohibited
- Failing to meet court-ordered obligations, such as community service
Likewise, probation terms also have orders you must follow. For example, you are not allowed to possess a firearm, use an illegal substance, or leave the state. If you don’t follow the orders of your probation, your probation officer could report you have violated the terms of your probation.
The Probation Violation Process
If you’ve been accused of violating your probation, you can expect the following steps:
Wait for a Decision from your Probation Officer
Officers have a lot of power in these situations. They can essentially decide how to punish you for your alleged violation. They could have mercy on you and let you off with a warning, or they could suggest that you go to jail or prison.
Ultimately, the court will decide how to move forward, but it also trusts the officer’s decisions. It will usually favor their judgement and go along with their suggestions.
Attend a Hearing for Your Parole Violation
This process is like a criminal trial. The prosecution presents its evidence of your violation along with your parole officer’s testimony. In turn, you may present a defense against these claims.
The burden of proof, however, is far lower than it would be in a criminal case. To convict you, a criminal court must believe you are guilty beyond a reasonable doubt. It must be 100% sure that you committed the crime.
At a violation hearing, the court needs only a “preponderance of the evidence” to convict. It needs to be only 51% certain or more. This means you need a strong defense at your hearing. Our team will work hard to protect you against violation allegations. We want to keep you from suffering unnecessary, further consequences.
Penalties for Violating Probation in Virginia
If you are convicted of violating your probation, you could face:
- Serving some time in jail
- A longer probation period
- Having your probation revoked and serving the remaining time in prison
- Having additional terms added to the probation order; examples include community service and mandatory rehab
To be charged with probation violation, the prosecution must provide evidence of the crime. Likewise, the violation must have been intentional or caused by severe carelessness. Mistakenly violating your probation is a common defense your attorneys might use. Let our skilled Virginia Beach criminal defense lawyers use their 25 years of legal experience to help your case.
Contact us online or call (757) 267-4949 to schedule your case consultation today.
If you are looking for a professional office, he is your man. His staff is friendly but professional.Y. Cathcart
Fantastic staff and Mr. Miller represented me well!J. Madison
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