Probation is an alternative to jail and is a privilege generally offered to nonviolent offenders. It gives them a chance to continue living in the community but requires them to report to a probation officer periodically. People on probation may need to follow standard rules or they may have specific conditions for their own sentence. Generally, people on probation cannot commit crimes or associate with other people on probation. They may have to also abstain from alcohol and drugs. Probation officers may require drug testing. Violating any of the rules could result in a probation violation. Defendants may have fewer rights when they are violated and should be represented by a probation violation lawyer in Lancaster County, PA that courts respect.
What Happens in Court
When a person is charged with a probation violation, instead of facing a prosecutor, they will have to answer to their probation officer. Because judges work with probation officers every day, they tend to trust their word. It could be challenging for a defendant to convince the judge they didn’t violate their probation without the help of a probation violation lawyer in Lancaster County, PA defendants trust to advocate for them.
Consequences of Violating Probation
Judges have a lot of discretion when it comes to violations of probation. A judge could impose the sentence for the original offense, which could mean a defendant has to serve time in jail. They could also extend the period of time a person is on probation and order them to perform community service. It’s important for anyone accused of violating probation to come to court prepared to show the judge the positive things they have done since they’ve been on probation. The Law Offices of Melissa R. Montgomery may be able to help present those things in a way that could impress the judge and reduce the chances of the defendant having to go to jail.
There are few instances in which a defendant should go to court without an attorney. Probation violation hearings are not one of them. An attorney could help a client negotiate a deal with their probation officer or explain the reason for the appearance to the judge well enough to have the case dismissed.
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