Defense Against Probation Violations
A person who has been convicted of a crime but given probation has been given an opportunity to lead a normal life by having the jail sentence deferred. As long as they remain compliant with the terms of the probation, they need not worry about having to serve their entire sentence in prison or in jail.
There is a high chance of severe consequences for failing to meet the terms of probation, ultimately resulting in possibly having to serve out the rest of their sentence in prison.
An accusation of probation violation requires immediate defense. You have rights whether you are innocent or guilty of probation violation, and they need to be defended by an experienced Minnesota criminal defense attorney.
The Two Types Of Violations
There are two types of probation violations that require a solid criminal defense attorney to see you through:
- Direct violation – This happens when a person currently on probation is charged with an additional crime like DWI, fails to check in with the probation officer, doesn’t report a change of address, fails an alcohol or drug screening or fails to satisfy another requirement of the probation agreement. Commonly, the penalty for these infractions can range from additional fines, treatment programs, probation extension, or even additional time in prison or jail.
- Technical violation – This is an unintentional violation that occurs as a result of miscommunication or misunderstanding. Often this occurs when a person doesn’t understand instructions, a change in probation officers that causes check-in procedures to be delayed, or the person on probation thinks their probation period has ended before it actually has.
The Advocacy You Need When Accused Of Probation Or Parole Violations
Parole is when a person has fulfilled their prison sentence and has been released because they were eligible for parole as outlined when the sentence was originally delivered. Parole can be approved or denied by a parole board with factors such as rehabilitation and good behavior considered.
A technical violation occurs when the parole is violated because of miscommunication or confusion. Violating parole deliberately is a direct violation and ramifications include being sent back to prison. Having an aggressive and well-qualified Minneapolis criminal defense lawyer working with you is important to ensuring that your rights are well-protected. In cases of parole or probation violation, it is important to remember that you still have many legal rights. Ultimately, most individuals that have been accused of violating probation or parole have little knowledge of these rights until they have contracted an experienced attorney who can help them understand and defend them.
Contact A Minneapolis Probation Violation Attorney
When a person violates probation or parole, they can be doing it intentionally or accidentally. Sometimes a violation is the result of confusion or miscommunication and can be quickly rectified. To be sure your rights are being appropriately defended and all important information is provided to make the best decisions for your case, contact the Speas Law Firm, P.A., by calling 612-333-6160 and schedule an initial consultation.