New Orleans Probation Violation Lawyer
What Happens if I Violate Probation?
If the court determines that you are guilty of violating probation in New Orleans, you might face penalties such as
- A longer probation period
- Stricter supervision
- Serving your original prison time
What is Probation?
Probation is a form of punishment administered instead of incarceration, and it usually requires adherence to strict rules, completion of a treatment program, community service, and payment of fines and fees. For repeated or more severe violations, you could lose your privilege altogether and then will be responsible for serving the original sentence of your conviction.
Typical probation terms include:
- Obeying all judge mandates and laws
- Abstaining from drug and alcohol use and being subjected to random tests for both
- Notifying your probation officer of changes in employment or residence
- Attending regular probation officer meetings
- Avoiding contact and communication with known or suspected criminals
Probation violation in NOLA can be alleged if the offender refuses, violates, ignores, or avoids these conditions.
The court has discretion to determine whether or not the time you have already served under probation will go towards your prison sentence. If you are at risk of losing your current probation status, you may be eligible to present your defense in a revocation hearing which is similar to a trial. You could also explore options to negotiate an alternative punishment, but should only do so with the support of an experienced New Orleans criminal defense attorney.
As soon as you suspect that you are under investigation for violation of probation, you need to speak with your criminal defense attorney to begin preparing your strategy to respond to these claims. Keep records of your activities in compliance with existing probation terms.
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Accused of Violating Your Probation? Do This!
While it should always be your first goal to avoid allegations of probation violation, you may unknowingly find yourself in the midst of a claim that you did violate your terms of probation or were about to do so. Any violation of a condition of probation comes with high stakes.
Here’s what to do if you’ve been accused:
- Place a phone call to a New Orleans probation lawyer who can investigate these allegations and step in to represent you as this phase of your case continues through the Louisiana criminal justice system.
- Ask the probation officer or person accusing you of the violation of the specifics related to the violation charge.
- Continue to comply with your probation requirements in the interim while allowing your attorney to investigate.
A criminal conviction in Louisiana can lead to lifelong consequences for your family, housing and employment relationships as a result of prison time. The conditions of your probation are serious, and any alleged violations will be viewed in the same manner.
This option can eliminate your time behind bars, which is often welcome to someone who has been accused and convicted. Depending on your individual violation, the penalties for violating probation may vary. You could receive only a warning, but you might have to appear in court for a hearing.
The best way to avoid problems with your probation terms is to follow them to the letter. If you made a mistake or misunderstood something, you cannot afford to make further errors when putting together your defense. Only a New Orleans probation lawyer can help you fight back when you’ve been accused and when jail time is on the line.
Basics of Probation Violations in New Orleans
At any period during the suspension of your sentence and probation, the court is eligible to issue a warrant for the arrest of the defendant for violation of any probation conditions.
The court is also eligible to issue a summons to appear about a charge of possible probation violation. Any peace officer is eligible to execute a warrant of arrest in relation with New Orleans probation violations and this directs that the defendant must go back to the court’s custody or to a detention facility after being directly served on the defendant.
A New Orleans probation violation lawyer will help you after you have been accused of violating your terms of probation. Continually meeting your probation officer and complying with all other aspects of your probation is extremely important and it is a good idea to sit down with your New Orleans criminal defense attorney after having probation established in your case so that you understand all of these individual terms clearly and can ask questions about what these terms mean.
After a Summons or Arrest Warrant is Issued
- The running of the probation period will seize as of the time of the summons, detainer or warrant.
- The court is then responsible for evaluation of probation violations in Louisiana no later than 10 days after the arrest of the offender.
- The court must evaluate whether or not there exists probable cause to detain such a person. This will be determined in a violation hearing.
- The determination of probable cause can be established without formal hearings and may be done through affidavits.
Probations officers are often seen as peace officers and will maintain the same authority as it relates to criminal matters in the enforcement of the law as it relates to probation violations.
How to Fight Probation Violation Allegations
A New Orleans probation violations lawyer is there to advise you about what to do immediately after you have been accused of violating your probation and the best way to protect yourself and avoid common problems.
Even if you think there’s been a mistake, you need to assume that an allegation of violated probation is serious. You must be ready to have your defense strategy outlined for this alleged violation or you could find yourself facing your original jail sentence.
Probation following a criminal case is one way to avoid the possibility of going to jail, but you can find yourself in trouble again if you’re accused of violating probation. Probation enables you to avoid the more serious consequences of spending time behind bars, but it’s your responsibility to precisely follow these orders.
Contact my office at (504) 482-2900 today for help with your probation violation in New Orleans.