VIOLATION OF PROBATION
When an individual is convicted of a criminal offense, they are often times put on probation. All misdemeanor crimes require probation. Sometimes the court orders formal probation, but most misdemeanor offenders are given informal (summary) probation. Probation is granted in some felony cases as well, but this is something that must be part of the disposition. When someone is sentenced to prison, they are generally put on parole, not probation, after they complete their prison term.
There are two main ways to violate probation. An individual either doesn’t complete a requirement that was ordered by the court (INTERNAL PV), or commits a new offense and gets arrested again (EXTERNAL PV).
Someone who is facing a probation violation must be aware that the Judge could give them the maximum sentence for the offense they were put on probation for, if they violated the terms of their probation.
The Law Office of Ben Mironer has been very successful in helping our clients avoid jail, avoid any additional terms as part of probation, and often times avoid any violation of probation on their record.
It is important to have an attorney that can explain your side to a Judge, and to have the ability to ask for one more chance. We often try to help our client be proactive, by advising them on steps to take before the court date.
If you or a loved one face the possibility of a probation violation, it is critical to contact an experienced attorney right away. The Law Office of Ben Mironer has a track record of success in convincing Judges to be very lenient, especially when it comes to probation violation matters.
Internal Probation Violation
An individual may commit an internal probation if they fail to complete the court ordered requirements, or fail to submit proof of progress, or proof of completion by the date ordered by court.
It is important to always verify that the court received your paperwork, unless you personally hand it in. Many probation violations are the result of someone innocently forgetting to submit their completion documents, or wrongly believing the program submitted their paperwork. If no one submits compliance paperwork to the court, when it is due, then the court issues a bench warrant.
A bench warrant means that if you are contacted by law enforcement for any reason, they can place you under arrest, and take you into custody because of the bench warrant.
Sometimes an individual on probation doesn’t get enrolled in a court ordered program in time, or gets terminated from their program for one reason or another. In that situation, it is critical to contact an attorney at once. The Law Office of Ben Mironer has been extremely successful in convincing judges to give our clients another try. We request a “re-referral,” which allows our client to get re-enrolled in the program. It is important to try to prevent a probation violation admission, and we are often successful in getting our clients re-referrals without ever admitting to a probation violation.
It is critical to have an attorney that you can trust, and that can provide you with the best advice to handle a possible internal probation violation.
External Probation Violation
When an individual is placed on probation, one of the terms of probation is always to obey all laws. This means that if an individual breaks a law, while on probation, they are subject to a violation of their probation. This does not include speeding tickets, or any infractions (moving violations). But, if an officer has probable cause to make an arrest, that is sufficient for a probation violation.
The standard for a probation violation is NOT proof beyond a reasonable doubt. The standard is much lower for a prosecutor to prove a probation violation, than it is to prove someone is guilty of a criminal offense. However, someone accused of a probation violation is entitled to a hearing. At the probation violation hearing, the Judge decides whether or not probation had been violated.
If the Judge finds the person guilty of a probation violation, then the Judge may sentence them up to the maximum punishment for the underlying offense. This means that if the maximum punishment for the offense is six months in jail, and you haven’t had to do any actual jail time for the conviction, you may be sentenced up to 180 days of jail for violating probation.
A Judge will generally let an attorney know the indicated sentence for a probation violation, before they ask you for an admission. The Law Office of Ben Mironer is experienced in handling probation violation matters, and we know how to explain the circumstances to the Judge to allow for the utmost leniency towards our clients.
If you or someone you know is on probation, and picks up a new Misdemeanor offense, it is critical to contact The Law Office of Ben Mironer right away. We will explain the process and always keep you informed. We provide a free consultation, with Mr. Mironer, and he can help give an overview of what consequences your looking at, and what actions can be taken immediately to improve the situation.
Until or unless someone is convicted in the underlying case, they should never admit to the probation violation first. It is critical to “trail” the probation violation case, behind the new case. There are multiple reasons why this is the best tactical course of action.
The Law Office of Ben Mironer is here to help answer any questions you may have about probation violations. We can explain how a new criminal case can cause an external probation violation, if someone commits a crime while still on probation. For more probation violation questions, call 800.943.8310