Probation is defined in Criminal Defense cases as part of a particular type of sentence given to a defendant that requires certain conditions and requirements while allowing them to remain in the community. Under the influence of marijuana Probation can also be in addition to a required jail sentence, however this will follow the time served in jail. While on probation, defendants are sometimes kept under strict supervision, and follow all rules put in place. When probationers do not abide by the guidelines given, this is considered a probation violation. The violation of probation occurs when someone ignores, avoids, refuses, or break the terms and conditions during the probation period. These types of things can include not appearing to court or to a probation officer, failing to pay fines, traveling out of state or to restricted places, possessing drugs, committing a new crime, or getting arrested again. After violating probation, a probation officer will determine what steps to take next depending on if it is a first violation or the severity of the violation. In minor cases, a probation officer can give a warning, while a major case can result in a hearing at court. During a hearing, the prosecution will have to prove beyond a preponderance of the evidence that a violation occurred, and if so consequences will apply. Consequences can include extended probation, additional terms for probation, time in jail, or a revoked probation sentence.
During a hearing in Criminal Defense cases for probation violations, you are given certain rights that are critical to be aware of to avoid unwanted consequences. Pennsylvania enacts tougher DUI penalties As part of your legal rights, you are entitled to being notified of claims brought against you, the right to an attorney, and the right to present evidence in your case. It is important to understand these rights and have the proper assistance to ensure that your rights are protected. If you have been charged with violating probation, please contact a lawyer at the Law Offices of Kelly and Conte for representation throughout your case.