When an individual is accused of a violation of probation they are not being charged with a new crime. Since the individual has already been given probation in sentencing, a proven violation of that probation may result in enforcing penalties according to the sentencing guidelines of the underlying crime for which the individual was originally convicted.
The courts take probation violations very seriously because by giving you probation instead of jail time for a conviction, they have shown a leap of faith that you have the ability to stay out of trouble and follow the probation guidelines. When you violate the probation, you have also violated the courts trust, which they do not respond favorably to if the violation of probation has been proven to exist.
An individual may be accused of violating their probation as a result of a "Technical Violation" or a "Substantive Violation."
Technical Violation of Probation: occurs when an individual violates the special conditions of their imposed probation. This type of violating the terms of probation does not involve committing a new crime.
Common technical violations of probation include:
Substantive Violation of Probation: occurs when an individual violates the conditions probation by the act of committing a new crime. If convicted of the new crime, the individual will not only face the sentencing of the new crime, but also have the sentencing guidelines of the associated crime which lead to your probation being instated as well.
One of the pitfalls of being accused of a new crime is that even if you are found "not guilty" of the new alleged crime, the court has the authority to revoke your probation and reinstate the original conviction and sentencing guidelines. Unlike your original trial, in a violation of probation hearing, the prosecution must only prove that a "preponderance of the evidence" existed.
Billmaier & Cuneo, LLC aggressively defends the legal rights of those who must defend themselves against an allegation of violating the terms of their probation, while addressing all related issues that should be taken into consideration when defending your legal rights and freedom.
If you have been accused of a violation of probation in the Perrysburg, Maumee, Sylvania, Toledo, Bowling Green, Oregon, Woodville, Fremont, Clyde, Northwood, Findlay, Lambertville, Temperance, Monroe or the Northwest Ohio and Southwest Michigan areas, contact an experienced attorney & lawyer at Billmaier & Cuneo, LLC today by calling 419.931.0067 in Northwest Ohio or 734.568.0136 in Southeast Michigan.
As a progressive law firm dealing with today's legal issues, we provide you the voice of experience, and quality legal representation in your violation of probation defense or other criminal defense legal needs.
Ohio Law Offices
Phone: (419) 931-0067
Michigan Law Offices
P.O. Box 253
Lambertville, MI 48144
Phone: (734) 568-0136