Probation is an alternative sentence to serving time and/or paying fines that allow defendants to remain in society, but with limitations. The extent of the stringency of these limitations is based on the nature of the crime committed. For some defendants, probation is an easy sentence that doesn't inconvenience their life in the slightest. But for others (particularly those with numerous conditions to abide by), this experience is a huge disruption in their life that makes fully complying with their prospective conditions incredibly different, if not impossible. If you belong in the latter group, it's important you gain an understanding of the number of issues that could arise from refusing to comply with your conditions, and committing a “technical” violation of probation.
Technical Probation Violations in Delaware County
Since technical violations are committed at pretty high rates, many defendants consider it be a minor infraction that won't result in major consequences. But this couldn't be further from the truth. Some defendants have found themselves in situations where they are facing the same sentence they were prior to being placed on probation. Except this time around, they aren't granted a presumption of innocence, nor do they have the opportunity to partake in a fair jury trial.
Probationary terms are highly individualized. A defendant's probationary conditions will be determined based on the details of his or her's case. Therefore, there are an abundance of ways a person can potentially violate probation.
A few examples of the most common technical violations to date include, but are not limited to:
- Possessing a firearm or any other weapon
- Failing to pay fines, restitution, court costs and other fees related to criminal matters
- Failing to report a change in employment or address
- Using drugs and/or alcohol during the probationary period
- Failing to complete community service hours
- Leaving the country, state, or city without requesting the approval of a probation officer
- Failing to attend or complete a court-ordered program (substance abuse treatment, anger management, mental health protocol etc.)
The Probation Violation Process
When an individual allegedly violations probation, an officer will file an affidavit to the court detailing the technical violation. From then on, the court will make one of two decisions: impose stricter probation guidelines or completely revocate the sentence. If you feel as if your agent is going to file a violation petition, contact an attorney immediately. A legal professional will be able to intervene and possibly prevent a judge from issuing a warrant or a detainer.
Delaware County Criminal Defense Attorney
An attorney can be very valuable when it comes to solving technical probationary issues before they turn into serious issues in Delaware County. And if a violation has already been filed in Media, PA, an attorney can help defend these allegations, or substantially minimize the sentence you may receive for a technical violation. Contact Delaware County legal professional Joseph D. Lento today for help.