If you are on probation, and have been charged with or are under investigation for activity that may be in violation of the terms of your probation, you want an experienced lawyer to protect your rights. The consequences of a conviction for probation violation can be severe. You can be sent to or returned to prison, and you may have to start your sentence over again. An experienced attorney can help minimize the risks involved.
What Constitutes a Violation of Probation?
As a general rule, your probation will identify all potential activities that are a violation of its terms. However, there are certain types of actions that are almost always cause for arrest and/or prosecution, including:
- The commission of the same or another new crime
- The failure of a drug test
- Failure to report to your probation officer as ordered
- Failure to notify your probation officer of any changes in your residency or employment status
When you have been charged, you want an attorney who will fully investigate the facts and circumstances of your arrest, including whether police or law enforcement officers had probable cause to make any search, seizure or arrest. Your lawyer will want to identify where all evidence originated, including whether prosecutors relied on information from anonymous tipsters. You will want to identify all potential witnesses who can support your position, as well as anyone who may testify against you. In order to prepare and present the strongest arguments in your case, your lawyer must have all the facts.
Contact the Attorneys at Mallon & Tranger