Houston Truck Accident Lawyer

Probation Violation

Posted on 24. Feb, 2010 by lawyer in Accidents

Probation originally began as a compassionate effort that would allow minor and first-time offenders to have a second chance. In the early days of probation, the released offenders were not only expected to follow the law, but to behave in a morally acceptable fashion as an example to others. Early probation officers provided leadership in morality issues such as adherence to religious practices, family attributes, employment and the productive use of free time. As a result of this, probationers were even given the opportunity to reduce their sentence by proving themselves worthy of consideration.

Results of Probation Violation
However, for violations of probation terms, the results can be harsh. A probation officer may impose prison on a probation violator and then petition the court to rescind the probation terms, thereby recommending incarceration. An order to show cause hearing will then be requested by the court in which the defendant must prove their innocence. In the event that the defendant is unable to successfully challenge the presumption of guilt, the probation officer can seek the following; additional probation terms to be followed, the duration of the probation to be extended or a period of incarceration to be imposed. There is no universal rule as to the circumstances needed to warrant this action, however, all jurisdictions will recognize failure to report to the parole officer and subsequent violation convictions as sufficient grounds.

Consequences of Probation Violation
If a violation is determined, the severity of the consequences will depend of the facts of the violation, the past violation history of the defendant and the original offense details. An example of this would be if the violation involved association with a known gang member. If the suspect is on probation for driving a car without a valid license, then the offense is not as serious as having been convicted of gang-related activities. However, the reverse can be true if the original offense was related to DUI. The penalties may also be greater is the subsequent offense is a more serious charge (such as a major felony) or if the subsequent offense is identical to the original convicted offense (such an additional charge of battery).

Please note that this article is for informational purposes only and is not intended as legal advice.

Probation violation charges may or may not be justified, but they can have long-term effects. If you’ve been accused of a probation violation, you should contact probation violation lawyer Gary R. Jodat at his office in Sarasota, Florida.

Tags: criminal defense attorney, florida probation, probation violation