The aim of every good lawyer is to get their client’s charges dropped. Being placed on probation is another good option they can settle for. Even though it restricts you from doing other things, it prevents you from serving a jail term. While all probation has its rules, not getting into any form of trouble is a common probation rule. If you commit a crime while still on probation, you are on your way to facing stiffer punishments. The Hogle Law Firm explains probation curfew violation consequences below.
Consequences of Committing A Crime While on Probation
Suppose you have been placed on probation. There is no better time to lay low than this period. It is best to avoid any form of confrontation or situations that could lead to you committing a crime during this period.
Unfortunately, sometimes, one does not have control over some situations, and you can find yourself being accused of committing a crime while on probation.
As one would expect, committing a crime while on probation will be termed a probation violation. Thus, you should expect your probation to be revoked, followed by the issuance of jail time. Even if you have a few days left on your probation, you will likely get no “time served” jail time reduction for your probationary period.
Violation of Probation At Arrest or Conviction
If you are arrested for committing a crime while still on probation, what you should be worried about is whether the crime you committed is regarded as a probation violation at arrest or conviction. Even though it is true that you remain innocent until proven guilty, you may be summoned for a probation violation hearing after an arrest or after charges have been filed.
In case you have been charged before the probation violation hearing, you should expect your probation to be revoked and be sentenced for the recently committed crime, in addition to the previously committed crime. The outcome of this scenario can be a long jail time or heavy fines if convicted.
On the other hand, there might be good news for you. If not found guilty or if the arrest was dropped, there’s a high probability of winning the probation revocation hearing. The fact that a probation revocation hearing has been scheduled does not mean that your probation will be automatically revoked. This will only be possible if you have been convicted of a crime.
A good way to negate any revocation or extension of probation is by hiring a lawyer to prove your innocence of the crime, which translates to you not violating your probation. There are instances of accidental arrest, which may be the case in your situation.
For such instances, you may want to advise your lawyer to document how you have maintained good behavior while on probation. Also, regular attendance of meetings with your probation officer, adhering to set rules on drug tests and staying out of trouble while on probation will be of great help in this situation. It is also important you explain how the arrest occurred and the reason it was dropped to show the court you weren’t doing anything wrong.
The District Attorney’s Office
When it comes to probation violations, it is always best to avoid anything that has to do with the DA’s office.
At the district attorney’s office, your chances of facing a motion to revoke or adjudicate probation are pretty high.
Unfortunately, once an arrest warrant has been issued against the person in question, they can be taken in by local law enforcement agencies and their case sent to the DA’s office. The individual may not have access to bail until the commencement of trial. The judge decides at trial if probation will be revoked or not. There may also be additional time in confinement.
When probation revocation happens, the prosecuting lawyer may request more severe punishment. This may result from one or more violations during the probationary period.
The Need for Legal Defense
It is imperative for a person on probation who is charged with another crime to hire a lawyer. This is because the individual in question needs to prove the innocence of the crime, which can only be achieved with the help of a lawyer. You should not hire just any lawyer but rather employ the services of a criminal defense lawyer as they are good at handling crime-related cases.
Whether the arrest was valid or not, you should fight it aggressively with the help of your lawyer. Having your probation revoked isn’t great and the consequences could set you back significantly in life. Thus, it would be best to avoid getting convicted of another crime as it may be detrimental to your probation.