January 30, 2020
The probationary period is an opportunity for criminals to serve a sentence while maintaining some of their freedom. Under criminal law, when one violates their probation it can lead to severe repercussions that can include jail time, fees, or a longer probation period. In order to avoid penalties, those accused of violating probation should seek an experienced criminal lawyer.
What is Probation?
Probation is a period of time that a convicted offender is supervised by a probation officer. This supervision serves two important purposes, it ensures safety in the community, and it is meant to further discipline the criminal to prevent further offenses. Probation is mandatory and is typically given to a criminal after they served a sentence.
Those on probation do not have the same freedoms as everyone else; this is because they are still serving a sentence. Unlike other individuals, they are subject to random drug tests and searches. However, they have significantly more freedoms than those serving jail or prison sentences.
Ways an Individual Can Violate Probation
Probation is often very strict for criminals, so it might be easy to violate probation terms. For example, an individual can violate their probation for simply missing an unexcused appointment with their probation officer. Other ways a criminal might receive a violation is if they test are arrested for a new crime, test positive for substance abuse, or fail to keep a job.
Individuals can also violate probation by not fulfilling certain duties. Some of these duties may include anger management classes, fulfilling financial obligations, or doing community services. Failure to complete these tasks can lead to a violation.
Consequences for Violating Probation
After a probationary violation, the individual will either receive a warning or must appear in court. In court, offenders can have an attorney present, call witnesses to defend their case, and hear all of their violation charges.
The criminal’s punishment depends on the outcome. In some instances, the individual must return to jail and pay more fines. Other times, they may receive a longer probation period. They may also receive no penalties, depending on the strength of their defense. Therefore, it is encouraged to contact a criminal lawyer to strengthen a case and avoid a longer sentence.
Unlike other sentences, the court only needs a likelihood of 50 percent that a violation occurred. What can affect an outcome is the nature of the individual’s crime, their overall record, and their history of probation violations.
West Chester Criminal Lawyers at the Law Offices of Heather J. Mattes Help Represent Those Accused of a Probation Violation
If you have been accused of a probation violation, contact one of our experienced lawyers today. Our West Chester criminal lawyers at the Law Offices of Heather J. Mattes will help clients reduce the damage of their violation through a strong defense. Contact us online or call us at 610-431-7900 for a free consultation. Located in West Chester, Pennsylvania, we also serve clients in Chester County, Bucks County, Delaware County, Lehigh County, Montgomery County, and Philadelphia County.