Probation Violation Lawyer
Generally speaking, probation is a preferred punishment over prison or jail. With that said, probation still places many restrictions on what a person can and cannot do. The failure to conform to these restrictions can put a person at risk to go to prison. Some probation violation cases can involve substantial prison terms upon revocation. If you have been accused of violating the terms of your probation, you have an urgent need for a lawyer.
At the Law Office of Robert L. Lichtenstein, we have defended many people against alleged probation or parole violations. Probation violations can occur under a number of circumstances such as:
Failure to report to a probation officer
Failure of a drug test
Using alcohol in violations of the probation order
Failure to pay restitution or fines
Failure to complete community service
One of the more common violations involves further criminal charges. Whatever your case involves, we can take the approach that is most likely to achieve a favorable resolution in your case.
Many times with good representation, you can be placed right back on probation. Although it is not uncommon for alleged offenders to be revoked or even sent to jail or prison. Robert L. Lichtenstein can aggressively defend you in your probation matter. We can attack evidence, challenge your probation officer and any witness statements. With over twenty-five years of experienced, we will have your back in the courtroom.
How Could This Probation Violation Happen?
When a probation officer believes you have violated your probation, they will notify the court without delay, who may issue an immediate warrant for your arrest. You will then usually be held without bail until a judge is available to hear your case. At the Law Office of Robert L. Lichtenstein, we understand how frightening and confusing a probation violation arrest can be. There is the possibility that you made a mistake or were not aware that you were violating your probation. Or it may be that you have done nothing wrong and that there was a misunderstanding between you and your probation officer, or an administrative error. Other cases can be more complex. Whatever the situation, our legal team is available to represent you in your case, and fight tirelessly for a resolution that is favorable to you.
Please contact us today for your free telephone consultation. Let us help you put your life back together.
Revocation of Suspension of Sentence and Probation (§ 19.2-306)
- In any case in which the court has suspended the execution or imposition of sentence, the court may revoke the suspension of sentence for any cause the court deems sufficient that occurred at any time within the probation period, or within the period of suspension fixed by the court. If neither a probation period nor a period of suspension was fixed by the court, then the court may revoke the suspension for any cause the court deems sufficient that occurred within the maximum period for which the defendant might originally have been sentenced to be imprisoned.
- The court may not conduct a hearing to revoke the suspension of sentence unless the court issues process to notify the accused or to compel his appearance before the court within one year after the expiration of the period of probation or the period of suspension or, in the case of a failure to pay restitution, within three years after such expiration. If neither a probation period nor a period of suspension was fixed by the court, then the court shall issue process within one year after the expiration of the maximum period for which the defendant might originally have been sentenced to be incarcerated. Such notice and service of process may be waived by the defendant, in which case the court may proceed to determine whether the defendant has violated the conditions of suspension.
- If the court, after hearing, finds good cause to believe that the defendant has violated the terms of suspension, then: (i) if the court originally suspended the imposition of sentence, the court shall revoke the suspension, and the court may pronounce whatever sentence might have been originally imposed or (ii) if the court originally suspended the execution of the sentence, the court shall revoke the suspension and the original sentence shall be in full force and effect. The court may again suspend all or any part of this sentence and may place the defendant upon terms and conditions or probation.
- If any court has, after hearing, found no cause to impose a sentence that might have been originally imposed, or to revoke a suspended sentence or probation, then any further hearing to impose a sentence or revoke a suspended sentence or probation, based solely on the alleged violation for which the hearing was held, shall be barred.
- Nothing contained herein shall be construed to deprive any person of his right to appeal in the manner provided by law to the circuit court having criminal jurisdiction from a judgment or order revoking any suspended sentence.
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