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When you are charged with a criminal offense, the courts might place you on probation as part of your sentencing. Rather than jail time, probation involves a court-ordered time of supervision that comes with rules and regulations to be followed to the letter. A College Station probation violation lawyer can help you navigate the next steps in your probation violation case.
During a probationary period, you must report to your assigned probation officer as instructed, pay necessary fines and restitution, keep up with work or school, obey all laws, and remain in the state. You might also be forbidden to contact certain people involved in the case or avoid locations associated with the initial crime. Your probationary time may also come with drug and alcohol testing, depending on court orders and the nature of your initial charge.
The terms of your probation depend on the severity of the crime and if this is your first offense. During this time, it is imperative that you understand your rights and limitations within the probationary period.
The Law Office of Joseph Ruiz, PLLC, has been defending clients for many years who have been charged with violating their probation. Our legal team understands all that is at stake, and what it takes to mitigate the penalties these charges can bring.
A probation sentence is generally granted in lieu of harsher sentencing or incarceration and comes with a set of specific rules and limitations. These vary by case. However, all terms require that the defendant not commit any new crimes to maintain the probation sentence. A probation officer will oversee your case and remain in regular contact with you, both in person and over the phone.
Some probation cases require drug and alcohol testing, specifically if the initial offense involved drugs or DUI charges. You might also be responsible for completing a rehabilitation program. A DUI charge could come with additional required driving courses or counseling.
If you violate the terms of your probation, such as not reporting to a meeting with your probation officer, the court could file a Motion to Revoke Probation. This motion could remove the probation sentence and require you to complete the original sentence, which may involve jail time or a longer sentence altogether.
A Motion to Adjudicate is a term often used interchangeably with a Motion to Revoke Probation. If the Motion to Adjudicate is filed, the courts need to determine if the defendant truly violated the terms of their probation restrictions. If so, the court sentences the defendant for the initial offense.
Violating your probation sentence can come with significant penalties or jail time. These cases can be very complex and require an experienced probation violation lawyer in College Station. They can walk you through proceedings and help you build a case to present before the courts. With the help of your lawyer, you can explain the circumstances surrounding your probation violation to try and have the allegations removed.
A probation violation lawyer can help you find holes in the prosecution’s case and minimize sentencing. Your attorney will help protect your rights while negotiating for a favorable outcome in your case.
The Law Office of Joseph Ruiz, PLLC, is here to fight for you if you are facing a probation violation charge. We can also help you navigate a guilty charge after a Motion to Adjudicate and maintain your initial probation sentence.
The cost of a College Station probation violation lawyer varies by the attorney’s level of experience, the severity of the violation, and the jurisdiction of the charge. Felony violations might come with a higher cost than a misdemeanor charge.
Some lawyers charge an hourly rate or a flat fee, and some may charge a retainer fee, which is an upfront cost to cover initial expenses. Often, a probation violation lawyer will offer a free consultation to determine whether you have the grounds for a successful court case.
Gathering enough supportive evidence to prove the violation was not intended or that the situation involved extenuating circumstances can help you build a strong case against the probation violation charges. You need to prove to the court that you have made positive changes and cooperate fully with your probation officer.
A knowledgeable probation violation attorney can help you collect evidence and put together a strong and effective case in your favor.
Jail time lengths for probation violators vary by the type and nature of the violation. The courts also consider the original offense and how many times probation has been violated in the past. Sentences range from a warning to jail time. Classification of the original offense also can determine sentencing. Penalties could include fines or serving the original sentence in jail.
Technical violations make up the most common forms of probation violation. These include neglecting to pay restitution or fines, failing drug and alcohol testing, or neglecting to appear at an appointment with your probation officer. No new crime is committed with these technical violations, but this charge does come with consequences.
New criminal allegations during a period of probation come with additional charges that include probation revocation.
When you are facing a probation violation charge, you need an experienced and dedicated attorney on your side to help you through the upcoming proceedings. It is also important to know your rights and understand the process ahead of you.
The skilled legal team at the Law Office of Joseph Ruiz, PLLC, can help build a solid defense and make sure you understand probation law and its consequences. The penalties for probation violation cases vary in severity, but our experienced team works to decrease sentencing and help you avoid jail time.
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