Violation of Probation

When you are on court ordered probation and do not meet the requirements set forth by the Court, you may be charged with a violation of probation (VOP). A probation officer may order you arrested and petition the court for a violation of probation. It is important to understand a violation of probation is a NEW criminal charge in and of itself. The VOP will appear on your record in addition to your original charge or charges.

If you are facing a Violation of Probation offense and need legal representation, the Law Office of Karla Y. Campos-Andersen ESQ. P.A. can advice you on all matters related to Violation of Probation.

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Understanding Your Rights

If the defendant is unable to prove that that he/she was not in violation at the hearing, the officer or prosecutor may request that additional conditions of probation be imposed, that the duration be extended, or that a period of incarceration be ordered. A criminal defense lawyer may be used in defending one in such a case. You can challenge your probation officer who will try to prove your violation in the court by hiring a good criminal defense lawyer to avoid severe outcomes. If you are facing a VOP charge, assistance by a experienced attorney is highly recommended.

What are the concequences of a VOP?

If a violation is found, the severity of the penalties may depend upon the facts of the original offense, the facts of the violation, and the probationer’s criminal history. The sentence for VOP may result in an extension of your probation period, a jail time may be imposed, or one may be required to spend the rest of the original sentence in prison. Other lighter penalties may be imposed like carrying out community service; one may be required to participate in rehabilitation, or fines in monetary terms may also be imposed.

Your Legal rights

One is entitled to a neutral judge during the hearing. A notice that is in the written form should be given stipulating the claimed violations. One has a right to an attorney and evidence or witnesses to support his case. 

Categories of violation

Technical violation is whereby one fails to follow the required rues of probation like failing to report to one’s probation officer regularly as required. Substantive violation is whereby one is involved in fresh crimes while still on probation. When one commits a crime while on probation, no credit is given for the time a person has served, one will get the same sentence if the crime is committed the first day or the last day of probation. 

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