After a person has entered a plea, they can be placed on probation. Probation is usually given to someone who is a first-time offender. The court can order them to be on probation for a set time instead of sending them to prison. Not complying with the conditions set out during the probationary period is a probation violation. Click the link to learn more.
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What are the types of probation?
There are various types of probation, and it is essential to know your type and how it will affect you. The various types may differ by state and will depend on the conditions surrounding your release. The two main types of probation are:
- Supervised – A supervised probation happens when the person is assigned a probation officer. The conditions surrounding the probation will state that you must see your probation officer regularly and comply with the terms outlined for the probation. The probation officer will monitor to see if the terms of the probation are being adhered to. Anyone who is given supervised probation may also need to request permission if they need to go out of the state. There is a possibility they may be searched for illegal items such as drugs or have to attend a drug treatment program.
- Unsupervised – Another type of probation is unsupervised probation. Here there is no probation officer assigned. The person on probation will have to adhere to the terms of the probation set out by the courts.
What are the most frequent probation violations?
The terms governing a probation are set out, and the person on probation will need to keep the terms of their probation. However, some people do end up violating the terms of their probation. Some of the most frequently seen probation violations are:
- Committing a crime – Someone who is on probation for one crime may go and commit a crime while on probation. This violates the terms. It is important for someone on probation to keep in mind that even a traffic violation might be considered a probation violation.
- Failure to meet probation officer – The probation officer will have a schedule that the person must comply with. Making these appointments with a probation officer is crucial and it will be seen as a violation if these appointments are missed. The probation officer can let the court know that the terms of the probation are not being followed.
- Failure to pay court fines – Your probation might require the payment of court fines. It can also be payment of any restitutions to be made. The court will schedule payments to be made, and it is essential to make sure the payments are made, or else the person risks violating their probation.
- Not showing up to court – If there are other hearings while on probation, it is important to attend these. If the court hearings are missed, this can be seen as a probation violation.
- Going to a place or seeing a person that you are not allowed to – Sometimes, the terms of a probation state that the person is prohibited from going somewhere, for example, the place where the crime was committed. It is possible to be prohibited from seeing certain people during probation. Doing either of these things could be a violation of your probation.
What is a criminal defense lawyer?
A criminal defense lawyer is someone who is trained to help people charged with crimes. They can defend against the charges. Not only can a criminal defense lawyer help with someone who is charged for the first time, but they will also provide legal representation to someone accused of a probation violation.
How to hire a probation violations lawyer
It all begins with meeting the lawyer. This can be done in person or via video. The initial consultation may be used to meet with the criminal defense attorney to see if they are the right one to handle the case. It should also be clear what actions the lawyer will take and what the fees will be to have them represent you. The best lawyer is someone with experience and a defense strategy to help you during your probation violations hearing.