Probation Violation And What It Can Mean For You
If you are on probation, it means that you have committed a crime, found guilty of that crime and have been either incarcerated and then freed on probation or just given a probation period instead of incarceration. The length of time for probation as well as whether someone will be incarcerated or not, depends upon the nature of the crime. Probation violation is a serious offense; one wherein the offender will need the services of a probation violation attorney. The difference between not having an attorney and having one to defend violation of probation can mean going to prison or not going to prison.
Probation and parole are often confused with one another but are vastly different. Someone who is on parole has already been convicted of a crime, served time for the crime and needs to report to a parole officer for a certain period of time, in accordance with their offense. They report to their parole office usually on a weekly basis at the probation office. At this time, they need to make sure that they are in compliance with their parole.
In some cases, a person who is convicted of a crime is given probation instead of a prison sentence. This occurs with non violent offenders. The condition of the probation is that they have to continue to report to their probation officer and comply with the terms stipulated in their probation. If they do not comply or are arrested in the process of committing another crime, they are then found to be in violation of probation.
The type of punishment for violation of probation depends upon how the probation was violated. If a person simply skipped a meeting with their probation officer, they are in violation of their probation and can end up serving a sentence for the crime they originally committed. If they commit a felony act, however, this is felony probation and will usually go back to prison and in some cases not getting credit for the time served when on probation. A person who is on probation is still considered to be serving time in accordance with the court.
The manner in which the probation was violated as well as the nature of the original crime, need to be taken into account. There are various state statutes regarding felony probation as well as probation violation that a probation violation attorney can use to help those who may have made a mistake and want to avoid incarceration. Anyone who has violated probation should seek out the advice of an attorney so that they can either avoid incarceration or get their sentence reduced.
If you are in the Polk County area, it is best to seek out the legal services of Attorney Philip Averbuck as soon as violation of probation occurs rather than wait until an arrest is made for this offense. A good probation violation attorney will be able to defend their client and get them the best deal possible, depending on their circumstances.