Are You Facing Jail Time for a Probation Violation?
Being sentenced to a term of probation is often a positive outcome to those who have been charged with a crime. Usually, it allows the individual to avoid time in jail or prison. However, the individual must abide by numerous conditions. If your conditions of probation are violated in any way, it is possible that you could face the possibility of serving the suspended portion of the sentence in jail.
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Probation Violation Hearings & Standard of Evidence
If you have been charged with a probation violation, you have the right to a hearing in front of a judge that takes place within 120 days of your arrest, unless the time limit is waived. In these cases, the standard of evidence is very low, and the judge only needs to find beyond a preponderance of the evidence that you violated the terms of probation. Because of this, it is critical to have a knowledgeable team of Connecticut probation violation attorneys defending your case. At The Sills Law Firm, we have had great success with having client’s probation terminated before the term was up, having clients placed back on probation rather than serving jail time, and even having the probation violation charges dropped altogether.
Some of the common conditions of probation that may be violated include:
- Obeying all applicable laws and not getting arrested
- Not leaving the state without permission
- Reporting regularly to a probation officer
- Not possessing firearms or dangerous weapons
- Paying all applicable fines, court costs, and restitution
- Completing community service, counseling, or other required programs
Consequences of Violating Probation in Connecticut
Failure to meet one or more conditions of your probation is considered a violation. When you violate probation, you will be issued an arrest warrant.
The state is responsible for proving that you violated your probation. If you are found violating it, you may have to serve the sentence the court originally imposed.
The probation officer has discretion regarding the punishment and can issue a number of different penalties. There is no standard system for determining these penalties. However, the more serious the violation, the more serious the penalties are likely to be.
For instance, if a person on probation fails to report to their probation officer when they are supposed to, the probation officer may deem it necessary to simply give a warning. However, if the probation violation involves the individual being arrested again for a serious crime, they may face more serious penalties such as the reinstatement of jail time, driver’s license revocation, fines, and more.
In some circumstances, the person on probation may be required to participate in mandatory drug testing on a random basis. If they fail, they may face the same consequences. The terms of the probation will be revoked and the individual may face even harsher penalties than before.
If you have received probation, make sure you abide by the terms and conditions of the order. This means serving your community service hours, avoiding arrest, receiving permission to travel, and completing any and all court ordered programs for the time period issued. If your probation is revoked and you are facing consequences, working with an attorney can potentially help you avoid further consequences.
During this time, you need skilled legal counsel to represent you in your probation hearing. It is important to understand what rights you may have and what actions you can take to defend your rights.
What is Probation?
After someone is arrested and convicted of a crime, they may receive a probation term to serve after their prison sentence or in lieu of jail time. This is a period of time, typically lasting a few years depending on the issuing state, during which the individual must follow certain rules. Some violations of probation can include leaving the county or state without permission, committing another crime, possessing, selling, or using drugs, or not reporting to the probation officer.
On the other hand, the court may issue the following additional conditions for your probation period:
- Jail or prison time
- Fines
- Restitution
- Community service
- Rehabilitation
- Boot camp or any other programs designed to correct behaviors
Working Tirelessly to Help You Retain Your Freedom
Whether you have been arrested and charged with a new crime or charged with a technical violation, our Connecticut criminal defense lawyers are here to assist. We understand how important your freedom is to you, and will work tirelessly towards the result you need to stay out of jail and continue on with your life.
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