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Individuals convicted of a crime can be sentenced to probation as an alternative to jail. Probation carries specific terms for each individual case, and violation of probation is a crime in itself with potentially serious consequences. If you have been accused of violating your probation, it is urgent that you consult with an experienced attorney.
At Wierenga | Chiapelli, you will find an aggressive criminal defense lawyer who knows the prosecutors, the judges, and the criminal justice system inside and out through his experience as a former prosecutor. It is our philosophy that we are not just your law firm, but your counselor at law, and we are here for you every step of the way.
We offer a free case evaluation, so do not wait to get started preparing your defense. With our firm, your attorney is available to you 24/7.
Probation Violation Laws
Probation violations take place when a convicted individual violates one or more regulations of his or her probation.
Violations occur when the conditions or terms of probation are:
- Ignored
- Avoided
- Refused
- Blatantly violated
The duration of the probation will depend on the facts of your case but it typically lasts for one to three years. It can, however, last for several years.
Probation can be violated in various ways, including:
- Not appearing to a scheduled court appearance
- Not reporting to your probation officer
- Not paying required fines or restitutions
- Visiting people or places without permission of your officer
- Committing a criminal offense
- Being arrested for another offense (even if it is not criminal)
Probation Violation Hearings
When working with our firm's experienced defense attorney, you may be able to get your probation violation charge resolved before the actual hearing. If the hearing does take place, the prosecutor will not need to prove that you are guilty beyond a reasonable doubt. Prosecutors will only have to prove that it is likely that you violated your probation.
You will not be tried by a jury but by a judge. You have the right, however, to be heard by a neutral and non-biased judge. If the judge rules that you did violate your probation, you can be immediately sent to jail to serve the remainder of your sentence.
What are possible defense options for a probation violation charge?
If you are facing a charge for allegedly violating your probation, you should know what legal rights are yours. Knowledge of your rights can prove to be your greatest defense.
In most situations, you have the right to:
- Receive a written notice of the charges against you
- Be heard by a neutral judge
- Receive representation from an attorney
- Present support for your case, such as evidence and witness testimony
If any of the above has been violated, this can be used as defense to your case. Contact us immediately to discuss the defense options that are available in your particular case!
Violated your probation? Call our firm!
After accusations of probation violation, you may be arrested, and a probation revocation hearing will be scheduled. It is extremely important to have a seasoned probation violation attorney representing you at the hearing. The prosecution will produce evidence of the alleged violation, and defense counsel will have the opportunity to call witnesses and cross-examine the prosecution's witnesses.
Our founding attorney has tried thousands of criminal cases. He can use his skill and extensive knowledge to provide aggressive and effective defense. We are dedicated to the best possible outcome for you. If you are convicted of probation violation, the court may extend your existing probation or impose additional terms.
The court could also sentence you to jail time. Do not take chances with the outcome of your probation revocation hearing. Our dedicated Arlington Heights criminal defense lawyer stands ready to defend you, protect your rights, and aggressively pursue the best possible resolution of your case.