The majority of people who are criminal defendants will be placed on probation rather than being sent to jail. This is certainly true for someone who has been charged with an offense for the very first time. When the court places someone on probation, the jail or prison sentence is suspended, but the defendant has to stay out of trouble.
If the defendant violates the conditions of a probation, the court may make the decision to send the defendant to jail for some or all of the term of the jail or prison sentence that was suspended.
When a person has been accused of violating the terms of their probation in St. Paul, Ramsey County, it is certainly time to contact a probation violation lawyer. When you team up with an experienced criminal defense lawyer, you will have someone on your side who will know how to properly fight the violation charges. You will also have someone on your side who will know how to make negotiations so you will get the best possible outcome.
Have you been charged with violating your probation? Having your probation revoked will not be the only thing you will have to worry about.
Do Not Think It’s Over
It does not matter if it is related to drugs or if you were driving your vehicle while your license was suspended, if you are arrested for violating your probation, this is not the end. The prosecutor will still need to prove that you have indeed violated your probation. When you let an experienced and qualified professional review all of the facts and everything surrounding your actions, you will have a better chance in regards to your case.
There are various reasons why someone can be charged with violating their probation, and some of those reasons are listed below:
- You have been charged with another criminal offense
- You were tested positive for using drugs
- You were in possession of drugs
- You missed appointments with your probation officer
- You were not performing your community service
- You failed to show up for therapy sessions or treatment
When the terms of someone’s probation has been violated, that person can be arrested. He or she can also be taken to jail where there will not be a bond. As the defendant, you will not be able to go to trial. The judge who is presiding over your case may choose to take various options, including the following:
- You can be sentenced to state prison
- You can be sentenced to the jail in your county
- The terms of your probation can be modified
- Your existing probation terms can be kept the same
What Is Your Defense?
When you have the right probation violation lawyer on your side, the lawyer can file a motion to get you a bond hearing. The lawyer may also be able to get the judge to release you if you are being held in custody. You may be released from custody while your case is in the pending stage.
The lawyer will then begin to resolve the probation violation charge by proving that you never violated the probation or by attempting to negotiate a different outcome. Not every situation is the same, and this means that different actions will need to be taken based on the situation.
Each case will have to be considered carefully, and it is important to make sure the judge understands that sending the defendant back to jail may not always be in the best interest of the defendant or the defendant’s community.
Have you been accused of violating the terms of your probation? Contact us today for a consultation.