Probation Violation
When it comes to facing the consequences of crime in a court of law, probation is an increasingly common outcome. However, outside of pop-culture references, few individuals actually understand what probation is, and why breaking probation conditions can lead to arrest warrants being issued. Read on to learn more about probation, and what to do if you or someone you know is facing a probation-related arrest warrant.
What Is Probation, Exactly?
Once an individual has been charged with a specific crime, their case is usually resolved by way of a plea agreement. While this may seem like a surprising statistical outcome, it’s true: Pew Research studies have shown that less than 5% of cases make it through trial to a verdict. So what ends up happening with the other 95%? Typically, they enter into a plea agreement that often results in a probation period.
When a defendant agrees to accept a plea, many times their sentence involves a period of probation. Once the defendant agrees to have probation as part of their sentence, they must adhere to several specific conditions that will incur penalties and punishment if not met.
General conditions of probation state that the defendant may not break the law or pick up new charges while they are out on probation. Other conditions may require the defendant to successfully pass periodically administered drug tests, pay fines or restitution, complete community service, attend classes, obtain a GED, and stay away from a location or individual. There can be other, more specific restrictions placed upon the individual based on the circumstances of their crime.
While on probation, the defendant is required to report to a probation office location regularly. A probation officer is usually assigned to oversee the defendant/probationer’s performance while on probation, and the officer is in charge of reporting the defendant’s compliance with the probation stipulations. When a defendant is unable to comply with conditions placed on them, things get can begin to get complicated quickly.
What If A Defendant Is Unable or Does Not Comply With Probation?
As the probation stipulations have been issued by a legal court, there are consequences for failing to abide by them. If a defendant fails to comply with a condition of probation, the probation officer may issue a warrant for the defendant’s arrest. The warrant should state the specific condition that the probation officer has accused the defendant/probationer of violating. The probation violation warrant should also state the specific manner in which the defendant is accused of having violated the conditions and terms of probation.
What To Do When A Probation Violation Warrant Is Issued For You?
If a warrant has been put out for your arrest, there are several things you must do quickly to ensure that you don’t face worse consequences.
However, before you take any steps, start by stopping – don’t panic, don’t run, and pick up the phone. The sooner you engage a probation lawyer, the better the outcome may be for you. In many cases, a skilled lawyer should be able to work out a resolution that may result in the dismissal of the warrant without the necessity of an arrest.
If you arrested before a lawyer is able to have the warrant dismissed, a hearing will be set where you can challenge the warrant. The hearing will provide you with an opportunity to negotiate a resolution. It is likely that the probation officer assigned to you will be present at the hearing, and they will have the opportunity to report on your behavior and recommend a sentence. You will have the chance to respond to the accusations as well before a judge will make the final decision – either a dismissal of the warrant or consequences based on breaking the stipulations of the probation period.
Don’t Risk Jailtime – Contact An Experienced Probation Lawyer
If you are on probation and fear that a warrant may be out for your arrest due to the breaking of a probation condition, it is vital that you contact a qualified, licensed probation violation attorney who can help you understand your rights and next steps in the process. With experience working with clients facing issues related to a probation violation in Georgia, Watson Law LLC is the trusted partner you need for any probation-related legal counsel. Contact us today to learn more.
