When a probation agreement is not maintained, the probation officer has the authority to report the incidents to the court. This often means that it will be determined, during a hearing, if the probation should be revoked and the individual returned to jail. Since what may appear to be a violation may involve some mitigating circumstances, it pays to hire a probation violation lawyer to represent the client at the hearing. Here are some reasons why this approach matters.
Assessing the Nature of the Alleged Violations
While it is possible that the actions reported by the probation officer do represent real violations, it pays to look closely at the nature of those circumstances. The role of the probation violation lawyer is to assess if there is more to the situation than meets the eye. What may appear to be a violation on the surface could, in fact, involve factors that made it impossible for any other outcome to occur. When this is the case, the details of the situation will need to be brought out during the hearing.
In some cases, the violation may be nothing more than a misunderstanding between the probation officer and the client. At other times, a meeting that should have taken place did not, because the client happened to be in an emergency room with a friend, or been stranded on the side of a road with a flat tire. If the officer chose to move forward with reporting the incident to the court, then the lawyer can make sure all the facts surrounding the event are taken into consideration.
Asking for Leniency
If the client did, in fact, violate the terms of the parole agreement willingly, and there are no mitigating circumstances that would help explain the reason for the violation, the lawyer may seek lenience from the court. If this happens to be the first example of a problem with compliance, there is a good chance the request will be granted. A great deal depends on the demeanor of the client, and the willingness to comply with the parole regulations in the future.
Anyone who has been accused of a parole violation can contact us today for a FREE legal consultation. Doing so will be the first step in making sure the rights of the client are protected during that hearing.
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