Violation of Probation

A violation of probation (VOP) or community control is different from a new criminal charge. There is no presumption in favor of a bond. However, an attorney experienced in this field can usually schedule a quick bond hearing which may result in your release pending the VOP hearing.

If bond cannot be obtained, privately retained counsel can often advance your case on the docket to minimize the time spent in jail. Also, in a VOP, the prosecutor must only prove the violation before a judge (not a jury) and by a preponderance of the evidence (not beyond all reasonable doubt).


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Arguing a Violation of Probation Case

The way to defend a VOP is from every angle. If a bond can be obtained, finish all remaining conditions of probation before the hearing to get the lowest possible sentence. The State must prove a violation is both willful and substantial. Presenting evidence that the violation was beyond your control and that you made a good faith effort to comply with the conditions of probation can result in a dismissal.

Mitigation can also be argued to the court to minimize any sanctions. It is often possible to reinstate probation or just modify probation, avoiding incarceration. Modifications can include things such as drug offender conditions, extra community service, or extended probation. A modification can also enable you to retain any withhold of adjudication, preventing a conviction.

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If you think you are about to violate probation, continue to report to probation anyway. Failing to report to probation is another violation that will not be looked at with favor by the judge.

To schedule a consultation with our firm, visit our Appointment page.

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