Defending You After You Have Been Accused Of Violating Probation
If a court imposed requirements on you, it expects you will obey them. If you are accused of violating conditions of the judge, you will be brought back into court to face these alleged violations. Being accused of violating your probation is a serious matter that can result in probation revocations, incarceration and possibly even new criminal cases. These violations can take the form of a revocation, probation violation, parole violation, show cause, capias, contempt or noncompliance.
At MacDowell Law Group, P.C., our attorneys are experienced at defending people accused of violating the terms of their probation. As skilled, shrewd litigators who are dedicated to fighting for the accused, our lawyers know how to apply the law and effectively protect our clients’ rights while building them the strongest possible defense case.
If you have been accused of any type of probation violation, contact us as soon as possible to get your defense started and to position your case for the best possible outcome.
What Is Probation?
Probation is a condition of a criminal sentence that imposes various requirements on someone who has been convicted of a crime or who has accepted a plea deal. Probation can be ordered by the court in lieu of serving jail time, and it can come with strict requirements that can vary depending on the nature of the offense and the details of the case.
In general, some common probationary terms can include (and are not necessarily exclusive to):
- Regularly meeting with (or contacting) a probation officer
- Abiding by all laws (i.e., not committing any new criminal offenses)
- Paying restitution
- Attending court-ordered counseling and/or treatment programs
- Submitting to regular or random drug and/or alcohol testing
- Staying in the state
- Completing community service
With probation in Virginia, it’s also important to understand that:
- Judges, when you are sentenced, have the discretion to hand down whatever probationary terms they deem fit.
- The length of probation can vary from case to case, lasting months or possibly even years depending on the circumstances involved.
Probation Violations: Common Examples
A probation violation can result from any failure to comply with the provisions of your probation. To complicate matters, the traditional rules of evidence and higher burden of proof do not apply in probation violation cases. In general, however, some common examples of probation violations can include:
- Failing to appear in court and/or meet with a probation officer
- Committing any new crime while on probation (or being charged with a new crime while on probation)
- Failing to pay court fines and/or attend court-ordered counseling or treatment programs
- Failing drug and/or alcohol tests or refusing to submit to these tests
- Leaving the state (without getting permission from the court or the probation officer ahead of time)
If the probation violation involved a new criminal offense, the defendant can face new criminal charges that can come with their own penalties.
How We Can Help You With Probation Violation Cases
With all that is at stake in probation violation cases, it’s crucial to have the representation of an experienced defense lawyer, like the Fairfax attorneys at MacDowell Law Group, P.C.
Our lawyers have extensive experience advocating for the accused in probation violation cases. Just some of the ways we can help you if you have been accused of a probation violation include by:
- Explaining the law and the upcoming criminal justice process so you know what to expect moving forward
- Advising you on what you should do before your court date
- Working with probation officers and/or prosecutors before a probation violation hearing to try to get the charges dropped or mitigate the violations
- Building you a strong defense case
- Finding character witnesses to testify on your behalf (in the hearing)
- Vigorously defending you before and during your probation violation hearing to bring your case to the best possible outcome.
Don’t Fight These Charges Alone. Contact A Seasoned Attorney Today.
If you have been accused of violating your probation, contact an experienced Fairfax criminal defense attorney at the MacDowell Law Group, P.C., for effective help defending and protecting your rights. Simply call 571-748-5647 or email our team using the contact form. We offer FREE initial consultations in probation violation, revocation and noncompliance matters.