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How to Handle Probation Revocations

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Probation Revocation matters can be very stressful for a person looking at having their probation revoked and sent to jail or prison. Generally, revocation occurs when a person, who already is on probation, picks up new charges. The court does not look highly upon a person who picks up new charges while they are already on probation, especially if the person picks up the exact (or almost exact) same charge they are on probation for in the new case. These are situations the person almost always needs to hire a lawyer because they will likely be facing some jail time.

When a person picks up new charges while on probation, they are fighting both the new charges and the probation revocation matter. In other words, the State gets two bites at the apple to give a person some time behind bars. Interestingly, the State does not even have to prove you violated your probation “beyond a reasonable doubt” because your probation revocation is a civil matter. Since the State does not have to prove you violated beyond a reasonable doubt, it is more likely that the Court finds that a person has violated his or her probation. Consequently, it is easier for you to get some jail time.

Depending on the type and level of charge, the lawyer can help a person position themselves nicely for the revocation hearing and new charges. For example, if the person was on probation for drug charges and then picked up new drug charges, a lawyer can set you up with the right treatment facility. I would not recommend going to just any facility of your liking as the court likes some facilities more than others. Additionally, should there be ample evidence against you, an attorney can usually get a universal agreement made so that everything can be handled together and, in turn, the State does not get two bites at the apple. In other words, there would be just one sentencing/disposition hearing.

Simply put, probation revocation matters are very serious and it would be very smart to contact a defense attorney to discuss your situation. The Feld Law Firm can be contacted at 515-802-7676.