Dealing with Charges of Probation Violation
A probation sentence imparts punishment without jail time. However, the person on probation must satisfy certain terms during their probation to avoid further punishment. If you have been sentenced to probation, it is important that you understand and meet the terms. If you have been charged with violating the terms of your probation, you need a probation violation lawyer on your side. Criminal defense attorney John Anthony Ward in Kenosha, WI, can fight to protect your rights.
What Is Probation and How Can It Be Violated?
Probation is a court-imposed sentencing that allows criminals to be released into the community on the condition that certain terms and conditions will be met. The precise terms will vary depending on the nature of the crime and the judge, but they will always involve check-ins with a probation officer.
If the person on probation complies with the terms for a certain period of time, the court will find that the sentence has been served to completion. If, however, the person on probation fails to meet the terms, new legal problems can arise. Examples of probation violations may include:
- Committing a crime
- Failing a drug test
- Possessing or selling illicit drugs
- Failing to appear in court
- Failing to pay fines
- Failing to pay restitution to victims
- Visiting people or places that are restricted
- Failing to report to a probation officer
What Are the Consequences of Violating Probation in Wisconsin?
When a probation officer believes a violation of probation has occurred, a probation hold will result. This can involve several consequences, including:
- The defendant will be held in county jail until an investigation into what happened has been completed. The probation officer will speak to the defendant to get his or her side of the story, and examine the evidence.
- An initial hearing will be held within about 15 days of detainment to determine if there is reason to believe the probation terms have been violated and whether detention is warranted until a final probation revocation hearing is held.
- A final probation revocation hearing will take place within 50 days of detainment, at which point the judge will consider all evidence to determine if a violation occurred.
Generally, there are three possible outcomes:
- The defendant is released under the original terms of probation.
- The defendant is given an alternative to revocation such as a short stay in jail or anger management counseling.
- The probation is revoked, resulting in a re-sentencing for the original offense.
Time is of the essence, so do not hesitate to hire a criminal defense lawyer to advocate for your freedom.
How Can a Criminal Defense Lawyer Help?
The consequences of a violation of probation can be severe. Therefore, it is essential that you take an active defense. If you are accused of violating probation, do not assume that the claim is accurate. Time is of the essence, so do not hesitate to hire a criminal defense lawyer to advocate for your freedom. With more than 30 years practicing criminal law, attorney John Anthony Ward knows how to gather the facts and help you minimize or avoid legal jeopardy. When your freedom is at stake, it is best to enlist the help of an attorney who can make certain that your rights are upheld.
Contact a Criminal Defense Lawyer
Voted one of the top 10 criminal law attorneys in Wisconsin, John Anthony Ward has spent decades protecting clients in greater Kenosha. If you have been charged with probation violation and believe that the charges or unjust or unfitting of the actual violation, call (262) 671-8692 now to schedule your free consultation.
"Mr. Ward and his professional team proceeded tenaciously to build a strong case in my favor. His in-depth knowledge of the law resulted in my twelve year old felony becoming just a misdemeanor. Mr. Ward is the third attorney to work on my case, but the only one who achieved positive results."Emily Rogers