When accused of a probation violation, you should hire a probation violation defense lawyer to help you, such as attorney Daniel Hilf. A probation violation (also referred to as a VOP or a violation of probation), if established in court by admitting to it or after a hearing, places you at the mercy of the Judge who is given the opportunity to sentence you again on your original charge. Some Judges are more lenient and may be willing to give you another chance depending on the severity of the alleged violation. Other Judges believe the solution to a probation violation is to terminate probation and incarcerate. The legal work your probation violation defense lawyer performs may be the difference between sleeping in your own bed and being led from the courtroom in handcuffs.
The Judge, for most probation violations, has a wide variety of choices to address a conviction for probation violation:
Whenever you are before a Judge for probation violation, you have to make a choice. One possible choice is to admit to the Judge that you did violate your probation. The other possible choice is to deny the violation of probation and have a hearing. With either choice the best way forward is to retain probation violation defense counsel to defend you. If hired, attorney Daniel Hilf will provide you with solid legal representation, sound advice, and help you develop a strategy to face the probation violation in the best possible way.
For all probation violations you can exercise all of the following rights:
These rights only have value and worth if you have a competent lawyer help you exercise your rights. Self representation is always a bad option. In order to prepare and present the best possible defense or explanation for a probation violation you need an attorney who specializes in probation violation defense, such as attorney Daniel Hilf.
With every probation violation there is an arraignment, where the Judge has the option of setting a personal, cash, or surety bond and informs you of the nature of the alleged violations. Probation violation defense counsel may seek a delay in the probation violation for a number of different reasons including: need to subpoena defense witnesses; need for additional time to prepare; desire to consult with an expert witness about a possible defense; lawyer scheduling issues; waiting for the resolution of a pending criminal matter. The Judge is free to grant or to say no to the adjournment request.
If the basis of the probation violation is a criminal charge that gets dismissed, the prosecution and the Judge can still pursue the alleged violation. The reason that a dismissal does not automatically terminate a probation violation is due to the fact that the burden of proof for a probation violation (preponderance of the evidence) is much less than the burden of proof for a new criminal allegation (beyond a reasonable doubt). Also, often the violation based on impermissible conduct and not solely upon a criminal conviction. For example, if a person’s new criminal offense was for driving under the influence of alcohol, and that charge gets dropped, the violation may be based upon the person’s alleged consumption of alcohol (if the person was ordered to not consume alcohol while on probation) or driving (if the person did not have a valid license).
If the basis of the probation violation is failure to pay, the Judge cannot place the probationer in jail or revoke the term of probation unless the Judge finds both of the following: the probationer has not made a good faith effort to pay; and that the Defendant had the ability to comply with the payment order without suffering a “manifest hardship”. When deciding if a “manifest hardship” exists, the Judge is supposed to consider: if the probationer is currently employed; the probationer’s employment history; if the probationer is actually employable; what the probationer is able to earn from his or her job; whether or not the probationer’s failure to pay was willful; what financial resources the probationer has to pay; what are the probationer’s basic living expenses (child support, food, shelter, clothing, medical expenses, etc.); the existence of any other relevant special circumstances. A probation violation defense attorney, if properly experienced, will help you address these factors with the Judge, when the issue is relevant to your circumstances.
At a violation of probation hearing, some defenses may require help from an expert witness. An expert witness is someone who has some sort of special knowledge in a particular area (for example: medical, scientific, engineering, etc.) that may help the Judge in his or her determinations. For example, if the issue is whether a person falsely tested positive to alcohol because they were exposed to industrial alcohol fumes at a work site, an expert witness may be able to lend support to the defense that the probationer did not knowingly and voluntarily use alcohol. Presenting expert testimony at a probation violation hearing can prove tricky, and you definitely need an experienced probation violation defense lawyer to properly present your defense to the Judge.
If convicted of probation violation, at sentencing the Judge can listen to statements from the probationer, defense counsel, prosecution, probation officer, and the victim of the original case that lead to probation, before deciding on the sentence. An experienced probation violation defense lawyer can give you important advice to possibly avoid or reduce any jail sentence by providing you with a carefully planned probation violation sentence strategy.
There are some attorneys who claim to know how to best handle probation violations, but in reality have very little experience. Probation violation defense is an ability that develops over time with preparation, planning, experience, legal acumen, and talent. Retaining the right probation violation defense lawyer may make the greatest difference in your future.
Attorney Daniel Hilf provides strong, solid, and outstanding legal advocacy for the following types of criminal matters:
If you have been accused of violation of probation or a new criminal offense, contact attorney Daniel Hilf