Facing Probation Violation
What is probation?
The idea of probation has been around since Roman civilizations and in the United States in the mid-1800s in the United States. The word probation means quite literally to test the attitude and abilities of a certain individual. For legal purposes, it was originated to allow offenders a kind of second chance before sentencing them to a harsher form of punishment. Probation periods cannot be longer than five years and the individual under probation must follow certain court orders while often remaining supervised by a probation officer.
There are actions that they must abide by including:
- Follow a curfew
- Live in a court order location
- Stay within the borders of the court's jurisdiction
- Continue their employment
- Abstain from firearm possession
- Refrain from contact with known criminals or victims of the crime committed
Often there are supervision stipulations set in place with a probation officer that must also be followed. There is intensive probation and home detention if the offending individual committed a violent crime,
sex crime or any habitual offenders. Standard supervision is used in cases where the individual is required to perform community service or attend behavioral classes. They must meet with their officer either biweekly or monthly. Unsupervised probation requires the offender to complete certain services or courses by a specified date, but does not require meeting with an officers. If any of these rules is disobeyed for any reason, it can result in a probation violation.
Breaking Probation Agreements
According to West Virginia Code §62-12-10, a probation officer is allowed to make an unwarranted arrest if the probationer has violated any of the court order conditions. A prompt hearing is to be had as soon as the offender has been brought in. It is up to the judge in each case what will happen to the individual's case whether that means imposing a sentence, demanding that a preexisting sentence be served, revoke the charges or release them back to probation.
The penalties in each case can be drastically different all depending upon the severity of the original crime. It is important to realize that individuals on probation still have the right to due process, meaning that they can fight these charges with the help of a qualified attorney. Allow Attorney Frank Walker to defend your case with his passionate attitude and years of experience. With a high level of commitment, you can expect a fervent legal team to help you with all of your questions. Do not hesitate and miss out on the opportunity to clear your name of the charges being filed against you.