About Probation Violation
Sometimes an individual will inadvertently violate one of the terms of a probation agreement. In the case of a violation of probation it is vital you get help from a Chicago probation violation defense lawyer. A Chicago criminal defense lawyer from the Law Offices of Michael P. Schmiege understands this does occur for various reasons, and will take effective action on your behalf to help clear the matter up. Talk with an experienced criminal defense lawyer from the firm, who will explain your rights and options. The penalties for violation of probation can be serious. Probation orders can entail any of the following:
- Educational classes
- Court appearances
- Electronic monitoring
- Community service
- Drug testing
- Intensive supervision
- Restraining orders
- Probation officer meetings
These are alternative penalties that can be given instead of jail sentences. These are meant to give a second chance and if they are violated the consequences are stiff. Violating a probation order would be not fulfilling the requirements of your order. Examples of this would include not paying the restitution, not appearing for the court dates, not meeting with the probation officer or not complying with a drug test. Any of these violations can lead to severe penalties, including:
- Being arrested and taken before a judge
- Being mailed a summons to appear in court
- Being issues a bench warrant for your arrest
At this hearing, the judge will make a determination of whether or not you indeed violated your probation order. You will be able to testify on your own behalf. At this point it is vital to have legal representation to challenge the evidence against you and cross examine the witnesses. You are also allowed to have witnesses speak for your and you can present evidence of your own. The difference between probation revocation hearings and trials is that the prosecutor does not have to prove beyond a reasonable doubt that you indeed violated your probation order. They only have to prove it by a preponderance of the evidence. If you lose this hearing, the penalties will vary according to the violation, your criminal record and how long you complied with the probation order before the violation.
Do you need a criminal defense lawyer for your probation violation case in Chicago?
Probation is an alternative to incarceration in jail. A probation lawyer from the firm will present compelling evidence to the court that you play an important role in your family, and can make important contributions to society. Your criminal defense attorney from the firm will do all possible to convince the court that you won’t re-offend, and will make every effort to work with the court to arrive at terms of probation which will allow you to pursue life in a positive manner and which will meet the requirements of the law. You can be charged with probation violation if you get into legal trouble, fail to show up for a drug test, fail a drug test, do not complete your community service or miss checking in with your probation officer.
In such a case, the probation officer can file documents with the court which order the individual to appear for a “violation of probation hearing”. At the hearing, should the prosecutor prove the individual violated the terms of probation, the court can render a decision of guilty and may sentence the individual to jail, sometimes for the period of time that exceeds the original sentence for which they were on probation. Therefore a knowledgeable probations violation lawyer from the firm will mount an aggressive defense strategy to fight to avoid further jail or prison time. Contact the Law Offices of Michael P. Schmiege for a free consultation with an experienced probation violation defense lawyer, who is determined to aggressively fight to resolve probation violation offenses.