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Violation of Probation / Parole
A violation of probation can lead to revocation
of probation and the imposition of a custodial (Jail or Prison)
sentence. Consequences for the conviction of Probation Violation
may potentially include:
- Probation revoked and sentence imposed
- Jail or imprisonment (depends on original conviction)
Significant fines
- Probation reinstatement with additional terms including
- Jail/Prison
- Longer term
- Additional fines
- Community service
- Rehabilitation program
- Other
Likelihood of any of the above consequences depends
on the following factors:
- Prior similar convictions
- Any other prior convictions
- Currently on probation or parole
- Attitude of community and court toward this type
of crime
- Degree of media attention on case
- Mitigating/aggravating circumstance
- Other
Defenses for Probation Violation may potentially
include:
- Insufficient evidence
- Factual innocence
- Probation terms complied with
- Other
What can you do to improve the outcome of your
case?
- Gather documentation of your good character (reference
letters, employment history, community service, etc.)
- Exercise your right to remain silent
- Retain qualified counsel as soon as possible
- Keep a diary of all significant events and potential
witnesses (this information will help your attorney prepare the
best possible defense)
- DON'T investigate your own case
What can we do to help?
- Early preparation, including legal research and
defense identification
- Early investigation and identification of all facts
helpful to defense
- Interview with police to minimize or eliminate
the case
- Interview with the prosecutor to minimize or eliminate
the case
- Interview all witnesses
- Reduce or eliminate bail requirements
- Provide emotional support to loved ones and keep
informed
- In appropriate cases, negotiate alternatives to
jail
- Get evaluation report from court approved psychologist
(to show counseling may be a better alternative to jail)
- Coordinate a private lie detector test
- We can get appropriate motions to dismiss the case
- We can get appropriate motions to suppress evidence
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Prosecuting Attorneys
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