Lusby Law P.A.
Probation Violations: Important Points to Remember
A person who is on probation must abide by the terms of the program. These are given to them by their probation officer or someone else in the office. A person who doesn’t comply with the applicable terms can face a probation violation. This is a legal matter than can have dire consequences.
Some individuals might think that once their probation term is expired, they don’t have to worry about any probation violation issues. The state’s laws set an extended period of jurisdiction for this to happen in some cases. There are three criteria that must be present in order for a probation violation hearing to occur after the person has been released from probation:
- A written violation report is file-stamped by the court prior to the end of the probation period
- The court finds that there is a probation violation of at least one condition that occurred prior to the end of the probation period
- There is good cause found by the court that the probation should be revoked, extended or modified
There aren’t many instances in which this will apply. Typically, probation violation hearings will only occur after the probation period expires if the violation occurred near the end of the probation sentence or if the person absconded.
Having an attorney to assist you with the probation violation matter is crucial because this a case that’s heard before the judge in a bench trial. This means that the legal basis of the defense you present must be valid and strong. Having someone who is familiar with these cases can benefit you greatly if you’re in this position.