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Violation of Probation

Posted by attorney Corey Cohen

Jail visits are usually necessary in probation violation cases, because the offender will usually be arrested and placed on a no-bond hold. A no-bond hold means that the offender will remain in jail until a hearing is held on whether the offender actually did violate the terms of their probation. If convicted of a charge of probation violation, you can receive the original jail or prison sentence for the crime you got probation or community control for. The sentence will not take into account any time you spent successfully serving probation or community control: in other words, if the original sentence was five years and you successfully served six months' probation, you could still be sentenced to the original five year prison term. We Argue for Release Pending the Hearing Our first job, as a defense attorney for someone accused of a probation violation, is to file a bond motion to get our client released pending the hearing on the probation violation. We Work up a Defense to the Probation Violation Charge After the bond hearing, we conduct an independent investigation - examining police reports and interviewing witnesses to help build a defense to the charge of probation violation. Was the violation willful? If our client failed a urinalysis or drug screen, was the testing equipment in proper working order? Did our client have a reasonable excuse for failing to report to a probation officer or for changing residences without approval? If the violation charges our client with failing to pay fines or restitution, is our client under financial hardship but making a good-faith attempt?

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