Probation Violation are Serious.
Probation are Reinstated.
If you failed to complete a required class or the required number of community service hours, in many cases, we may be able to help you get an extension and your probation reinstated. We can present information and a plan to the court and prosecutor that will help you get back on track.
Why you need an experienced Lawyer Handling your Probation Violation:
A Judge can put you in Jail before the Hearing.
If a judge feels that you will not show up to court or that you a risk to the community, he can remand you into custody (jail). If it’s a misdemeanor, the judge is required by law to set a bail (but it could be a very expensive bail) . If it’s a felony a judge can remand you into custody on a no bail hold. Again, this is why you need an qualified lawyer to represent you. On a misdemeanor probation violation, you need to someone fighting to get you a reasonable bail.
You have a right to a Hearing.
You have the right to demand that the prosecutor present evidence to a judge that you violated your probation. You have the right to cross-examine prosecution witnesses and raise a defense, similar to a criminal trial. However, in probation violation hearings, the prosecution only need to show that it was “more likely than not” that you were in violation of your probation. That means if it is “50.1% likely” that you violated your probation, the judge can find you in violation. This is a much lower standard than “beyond a reasonable doubt” in criminal trials.
If you have been arrested on a new Case.
In many cases, prosecutors try to use a probation violations to keep a defendant in jail or force someone to take a bad deal on the new case. This is especially true in Columbus. It is critical that your attorney understands how to deal with Ohio Prosecutors and knows what’s realistic and what’s not.
Three Common Reasons for Probation Violations:
In formal probation cases, the probationer fails to check in with the probation officer.
Failure to Comply with Terms & Conditions:
A person fails to complete a required class, does not complete the required hours of community service/community labor, fails a drug test, refuses to comply with search and seizure conditions, or failure to pay fines.
Arrest on a New Offense:
If you are arrested on a new offense while on probation, the prosecutor will likely ask the court to find that you violated your probation. Even if your new case is dismissed or reduced to a minor offense, the judge can still find that your conduct amounted to a probation violation. Once again, this is why you need a Ohio criminal lawyer who knows what he or she is doing when defending a probation violation.
Your Rights in a Probation Violation Hearing:
If you are accused of violating your probation, you have the right to:
DON’T WAIT TO GET ARRESTED- Call Rutan Law Now.
Available- When I am Awake: 614-307-4343