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Originally Posted On: https://www.mailletcriminallaw.com/how-can-a-criminal-defense-attorney-help-with-a-probation-violation
A probation violation charge is very serious. It could set your case back and cause your sentence to be increased. You could even face prison time. Fortunately, a probation violation can be handled differently if you hire an experienced attorney who knows the criminal justice system. A criminal defense attorney will help you gather all the information on the charge and compile it into a convincing argument . This can help get your case dismissed or have the charges reduced. In this article, we will discuss ways on how can a criminal defense attorney help with a probation violation
Defending Against the Violation Itself
A criminal defense attorney can help defend against the actual, alleged violation itself. For example, let’s say that a person was convicted of driving under the influence (DUI). The judge ordered them to complete an alcohol education program as part of their sentence, but they never did so. The judge might find them guilty of violating their probation because they didn’t complete this requirement. An excellent criminal defense attorney will be able to show that there was some sort of error in implementation or documentation which prevented them from meeting this requirement on time (for example, they never received notice that they needed to take this class).
They Can Help Reduce Your Sentence
A criminal defense attorney might be able to negotiate with the prosecutor to reduce your sentence if you violated your probation. Violating probation can have serious consequences that could include jail time. A criminal defense attorney can help you prevent jail time by implementing different tactics. For example, suppose you broke your probation by using drugs and alcohol but did not commit any other crimes. In that case, your lawyer may convince the prosecutor to only send you to drug rehabilitation instead of jail time.
They Can Provide You with Expert Witness Testimony
If your probation violation involves breaking the law, a criminal defense attorney can provide expert witness testimony on behalf of their clients at trial or during a pre-trial hearing. A lawyer may provide expert witness testimony regarding whether their client should receive treatment instead of jail time or whether they were, in fact, guilty of the crime they were accused of committing after all.
Arguing That the Probation Violation Was Not Related to Your Original Crime
The most common way someone violates their probation is by committing another crime when they are supposed to be on probation. However, there are other ways that someone can break their probation. For example, leaving town without permission is considered a violation if you have a curfew. Other violations include failing to pay fines/court costs, failing to complete community service, or counseling requirements by the court-ordered deadline.
They Can Help You Avoid Jail Time
A criminal defense attorney will be able to provide valuable information and resources that may help you avoid being sentenced to jail time for violating your probation. This can include showing up at court with evidence that supports your case or working with prosecutors and judges to get them on your side. A good lawyer can also help by researching cases similar to yours to find out what happened in those situations. Knowing the outcomes of other cases may help identify what might happen to you when you go before the judge. The more information they have about your case, the better they’ll be able to represent your interests in court and ensure that you get the best possible outcome.
An Attorney Can Explain Your Legal Rights and Defenses
A lawyer has extensive training in law and will know how to defend against any potential charges against you. They will also be able to explain what your legal rights are as well as any defenses you may have against those accusations. For example, suppose you were arrested for DUI but refused breath testing by law enforcement because it felt unreasonable for them to request it. In that case, an attorney should be able to argue this point on your behalf so that the judge does not make a decision based on this technicality alone (assuming there’s no other evidence).
For those with a probation violation, there are many legal options in which a criminal defense attorney can assist during this time. If you fail to abide by your court-ordered mandates, be prepared to deal with severe consequences that can hurt your case. This is why hiring an aggressive and knowledgeable criminal defense attorney like Jarrett Maillet, J.D., P.C., who is willing to fight for your cause in the courtroom is essential.
Jarrett Maillet J.D., P.C.
210 E 31st St
Savannah, GA 31401