Many people convicted of crimes usually serve periods of probation. Probation is a period of time imposed by a court that restricts a person’s public and private activities. In events where someone is accused of violating the terms of their probation, they should obtain an attorney immediately. Penalties are most often more severe, and will usually include prison sentences.
Eliminating or reducing probation violation sentences requires an attorney with knowledge of local law, court proceedings, and legal negotiations.
There are many situations where a person gets an opportunity to participate in a deferred sentencing program. A deferred sentencing program is often assigned when a person agrees to plead guilty. In exchange for the guilty plea, the court or prosecution agrees to dismiss the charges of probation violation, upon completion of certain conditions, such as participation in community service programs. However, failure to live up to the terms of such agreements will usually revoke the agreement between the defendant and the court. In such cases, the defendant is most likely going to be charged to the full extent of the law.
The two key legal defenses employed in these cases is negotiation and advocacy. In most cases, an attorney will be able to negotiate with probation officers, prosecutors, or judges for a better outcome for defendants. Usually, this includes pleading guilty and negotiating for alternative sentencing, such as community service, rehab, counseling, or some other court assigned activity.
In contesting the allegations of probation violation, the defense team bears the burden of proof that the violation of probation was not intentional or true. To successfully contest probation violation charges, it will be necessary for the defense team to produce evidence, witnesses and other proof that the violation of probation was outside of the defendant’s immediate control.
If you want an aggressive criminal defense team for your probation violation case, then call Sherwood Boutique Litigation at (615) 873-5670 to set up a free and confidential consultation.
Disclaimer: None of the content on this site should be considered as legal advice or counsel. For professional legal advice on any legal matter, contact Sherwood Boutique Litigation at (615) 873-5670