Breach of Probation Lawyer
Probation must be taken seriously, especially when you take into consideration the alternative route in which the legal system could have taken instead.
Nevertheless, it comes with terms that you must stick to if you want to maintain your status. The moment you step out of those terms, you have committed a breach of probation, which is more commonly known as a probation violation.
Understanding the Breach System
Of course, this is a jurisdiction-based matter, which is one of several factors that influence if a violation occurs, how it occurs, and how it is handled. Each term could see refusal, avoidance, breakage, or disregard.
The onus is on the person going through the probationary period to abide by all terms until it is over. It’s akin to being on probation at a new job for a few months. During this time, the company can dismiss you immediately with no notice if you perform below par.
Alternatively, some jobs, upon noticing substandard performance, may impose a probationary period upon you, which sees some restrictions applied. Should you violate the provisions, then termination may be the result.
Requirements may differ by location or crime, but there are a few general ones that make great examples and can give a clear picture of what violations would look like.
You may be assigned scheduled court appearances during the period; and missing one of these constitutes a violation.
There is also the matter of a probation officer whom you are required to report to at a set time. Should you miss an appointment, you’ve also committed a breach.
Geographical limitations may be imposed on your travel, preventing you from visiting certain people or places. Alternatively, you may be forbidden from leaving your region of residence. Going against any of these stipulations also constitutes a breach.
Committing and getting arrested for another offense, even if it’s a civil one, usually also represents a violation.
How are these breaches handled? Well, the legal system takes a few approaches, especially since there is no hard and fast rule upon an initial violation.
There is usually a breach of probation hearing in which your violation is evaluated. If it’s determined that you have indeed violated the terms that were imposed on you, then sentencing is likely going to follow.
This often means an extension of the probationary period, but it can also mean the addition of even more terms or a short jail sentence. Should the offense be serious enough, the probation may be thrown out the window altogether, which means you then get ordered to serve whatever time you would have had left in jail from the initial sentencing.
Get Proper Representation
Many people are convicted and deal with unfair proceedings because they don’t know their rights. For example, during a probationary hearing, you are entitled to legal representation, and a written notice of your breach of probation should be provided.
These are just two nuances that a professional and experienced attorney would know about, making your representation more effective. Reach out to FMK Law Group today to have an expert lawyer evaluate your probationary pickle to help you navigate it effectively.