You have most likely been placed on probation due to being convicted of a crime and you should be aware of the terms of your probation. That way you are able to adhere to the guidelines that have been put in place for you. Even if you haven't violated your probation, it is good that you have an attorney ready to defend you because, unfortunately, probation violation accusations happen frequently whether a person violated their probation or not. Your attorney also helps to keep you within the guidelines of your probation.
If you are facing a probation violation accusation, the court will ask you to admit guilt or to deny that a violation took place. This is where you can consult with your attorney because you do want to know how you should answer the question.
Probation Violation Categories
Probation violations are actually placed in categories, which help determine the nature of the offense. Those categories are:
- Technical violations — These reasons involve a change in probation officers, an individual believing that their probation is already finished or it is not clear when probation was completed. These offenses are usually unintentional and it can be simple to prove that the error was not necessarily the fault of the defendant.
- Direct violations — These are the typical intentional violations, such as failing a sobriety test, failing a drug test, not attending drug counseling or not adhering to house arrest guidelines. Although these are deemed intentional, this does not mean that they are not defendable.
Your Twin Cities probation violations defense attorney will evaluate the conditions of your probation to see if you did, in fact, commit a violation. This is one reason why you should not answer the judge's question regarding your admittance or denial of guilt without having your lawyer with you to advise you.
Probation Violations Hearing
If you admit the crime at your admit/deny hearing, then the court will impose a penalty that fits your particular situation. The penalty could be a probation extension, community service or imprisonment. If you deny the violation, then an evidentiary hearing is held.
The evidentiary hearing puts the burden of proof on the state. The prosecution has to prove that you intentionally violated your probation, while your defense attorney works to prove that you didn't violate your probation or you did so unintentionally. If you are found not guilty, then you continue with the original terms of your probation as if nothing ever happened.
Minneapolis Probation Violations Attorneys And Lawyers
Don't let a probation violation determine your future. An experienced, competent and aggressive attorney can fight the allegations against you. Every angle of your case will be evaluated in order to determine any reasons behind the possible violation or to prove that a violation never occurred. Specific strategies will be put in place to build a stable defense for you. To get started, call 612-332-2000 or fill out our contact form for your free case evaluation.