Violations of Probation

If you have been sentenced to a term of probation to perform a variety of special conditions and fail to perform the terms and conditions of probation the judge who originally sentenced you will issue a warrant for your arrest for Violation of Probation (VOP).

In some cases, the judge will set a bond on a warrant and you will be able to bond out.  In other cases, a NO BOND is placed on the warrant and the client is forced to turn themselves in without the possibility of posting a bond.

Hiring a lawyer prior to turning yourself in or being arrested will be helpful in several different ways.  Your attorney can contact the judge and assistant state attorney and possibly negotiate a bond you will be able to make.

Once the arrest has been made, your case will go before the judge who placed you on probation.  The only thing the state has to prove is your failure to perform any of the conditions of probation by a preponderance of evidence.  If successful the judge may sentence you up to the maximum sentence of the underlying charge you originally pled to and may also convict you of the underlying offense if you had previously received a withhold of adjudication.  The state no longer has to prove whether you committed the original offense for which you are on probation, and you are not entitled to a jury of your peers – the judge will decide whether there is a violation or not. 

For example, if you entered a plea of no contest, guilty by convenience or guilty to the charge of Burglary to a Conveyance, a third degree felony, and you received six months probation to perform a variety of conditions and are found in violation of the probation, you could be sentenced to a maximum of five (5) years in prison.

Our team of criminal defense lawyers will obtain a copy of the affidavit for the VOP and inform you of the defenses available to you.  The state must be able to prove the violation was a “willful” violation to hold you accountable.  Additionally, we may be able to extend your probation so you can complete the terms and conditions without being found to be in violation.

If you believe you have an outstanding warrant for VOP or your probation officer or community control officer is about to violate you, contact our firm immediately for a free consultation.