Probation Violations
A probation violation can arise in numerous different ways. Some violations are based on the probationer not fulfilling a requirement imposed by the Court as a condition of probation. Other violations are based on the probationer engaging in conduct prohibited by the terms of his or her probation. Quite often probation violations are based on new allegations of criminal conduct. Your specific circumstance will dictate what the best strategy is moving forward. Adam Johnson and David Lundgren are well versed in the gambit of scenarios that lead to probation violation allegations.
Once a probation violation is alleged, its important to get into contact with an attorney to advise you of your options. If you admit the violation alleged against you there will be consequences. Those consequences can range from reinstatement of probation with additional conditions to execution of the full, original sentence. In either scenario, the fact that you admitted to not abiding by the terms of your probation will be a detrimental mark on your record. If you admit a probation violation that is based on allegations of criminal conduct, you are essentially admitting to the new crime as well. For this reason alone you will want a lawyer who understands the interplay between the probation violation process and the new criminal charges.
Contrary to popular belief, you do not have to admit to a probation violation. You have the right to an evidentiary hearing where a judge will determine whether a violation actually occurred. At that hearing, called a Morrissey hearing, the State has the burden to prove you violated the terms of your probation. You have the right to question any witnesses the State may call, most likely your probation officer, through the attorney who represents you. There is frequently discrepancies between the probation officer’s recollection and yours. In that situation, you can choose to testify, but you do not have to. The Morrissey hearing is your opportunity to present evidence to the judge to tell your side of the story. Even in situations where there is a technical violation, this opportunity is valuable to inform the judge about any mitigating circumstances that may be present.
If you are accused of violating probation, contact Adam Johnson and David Lundgren to discuss the options available to you. Relying on our experience will help you through a process that is intimidating to most probationers.