Probation Violations
Probation is a privilege granted by the sentencing judge upon a conviction and must be treated as such. If you are found in violation at any point during your probation term, the judge can terminate your probation and impose the original jail or prison sentence in your case. When you violate probation, Judges have broad discretion, prosecutors move fast, and the consequences can be severe.
If you’re facing a probation violation, you need an experienced criminal defense attorney who understands how to protect your rights, present your side of the story, and fight for your freedom.
The Law office of Owen M. Patton has first-hand experience to effectively represent those that are accused of violating their probation, and will work aggressively to prevent unnecessary jail time, extended supervision, or additional penalties.
Understanding Probation Violations in Ohio
A probation violation can occur for many reasons. Even minor or unintentional violations can lead to serious consequences if not handled properly. Common violations are missing appointments with your probation officer, failing drug or alcohol tests, receiving new criminal charges, not completing required programming or classes, and violating travel restrictions.
Probation Violation Hearing
Typically, a probation violation report is sent to the judge by your probation officer. Upon receipt, the judge will schedule a violation hearing where you will appear before the court. The judge hears evidence from the probation officer and prosecutor showing that you violated your probation.
The burden in a violation hearing is not the same as a criminal case. The State does not need to prove guilt “beyond a reasonable doubt,” but instead a lower standard. This makes strong legal advocacy at your hearing essential.
If found in violation, the judge has significant discretion in determining what to do. The judge may revoke your probation and impose jail or prison time, extend your supervision term (sometimes by years), add new and more constricting conditions, and increase reporting frequency.
If your alleged violation involves a new criminal charge, you now face two legal battles at once. An attorney can coordinate your defense to protect you in both cases and prevent one issue from worsening the other.
Many violations happen because of misunderstandings, personal struggles, or circumstances beyond your control.
Our Approach to Probation Violation Defense
We take a strategic and evidence-driven approach to your defense. However, we also understand that many times violations happen because of misunderstandings, personal struggles, or circumstances beyond your control. In these instances, we will tailor an approach so the judge fully understands the human side of those struggling with addiction or mental health and can provide a defense that presents alternatives to incarceration and advocate for rehabilitation over punishment.
Take Action Before the Situation Gets Worse
Probation violations move quickly, and waiting can limit your options. The sooner you involve an attorney, the better your chances of achieving a positive outcome.
Contact our office today to schedule a confidential consultation and learn how we can help defend your rights.
Call and Begin Your Defense Today.
