Detainers and Probation Violations
Violating the trust of the court is no laughing matter.
Everyone on probation/parole/intermediate punishment (house arrest) must comply with the rules of supervision which are set forth by the supervising County or State probation or parole office and/or the officer assigned to supervise the release. This compliance includes adhering to any special conditions which may have been imposed by the Court at the time of sentencing or added during the course of supervision.
A probation or parole officer is allowed to conduct "field visits," which means that they may show up at your home or another place where you may be in order to make sure that you are in compliance with the terms of your probation as set by the Court. Also, where a probation/parole officer has "reasonable suspicion" that a violation of the terms of supervision is occurring, they are permitted to conduct a search of a person, home, or vehicle without having to obtain a warrant,
If you commit an offense while under supervision or violate any of the rules or conditions of supervision or special condition, the Probation Office can arrest you and can place a detainer against you, and you may be kept in jail until the violation is resolved - usually by means of another hearing in court.
For a conviction resulting from a new offense attributable to your supervision period or for serious and/or persistent technical violations, your probation, parole, or intermediate punishment may be revoked at a hearing before the Court. Upon proof of a probation violation, sentencing alternatives available to the Court are the same as at your initial sentencing. For a parole violation, the Court may recommit you to serve part or all of the balance of the sentence you were serving when paroled.
'Substantive" violations are those where an individual has been convicted of a new criminal offense. Where such violations are alleged, probation or parole may be revoked, and the individual can be resentenced.
For probation violations, the Court may sentence you with the same sentencing alternatives that were available at the initial sentencing hearing. In parole violations, you may be required to serve the remaining balance of the sentence, as well as any "street time." As with technical violations, you may be incarcerated by means of a detainer until all of your probation/parole issues are resolved.
Generally, there are two types of probation/parole violations: "technical" violations and "substantive" violations.
Technical violations do not involve the commission of another crime; rather, they are things like failing to report, failing to notify probation about a change in address, not adhering to special conditions, failure to pay costs, etc. While these are still serious violations, they will ordinarily not ultimately result in a complete revocation of probation or protracted imprisonment, although someone may remain detained in jail pending the outcome of the violation hearing.
Often times, Judges hate probation violation cases. By sentencing someone to probation, the Court is giving the person a "second chance." By violating, a person has violated the trust placed in them by the Court.
Our job is to help our clients win back that trust!
What can be done?
We provide start-to-finish representation in all probation and parole violation matters.
From petitioning to have a detainer lifted or transferred, through the final probation violation hearing, we provide premium-level representation.
As a National Trial Lawyers "Top-100" criminal defense firm, we are also able to address any underlying new criminal cases as well - remember, if your case is dismissed, then there is no reason to continue in the violation process at all. (You can find out more about our criminal practice at www.daffnerlaw.com).
Our goal in violation cases - as in our criminal cases - is to make sure our clients avoid undue incarceration. Contact us today with all of your legal needs!
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For 27 years, we have handled all aspects of probation violations and detainer matters.
Call us today for a free, no-obligation consultation with our legal team!