A common misconception is that when a criminal offender is released on probation, violating the terms of probation means an automatic jail sentence. Being convicted of this charge does not always result in jail time, but being represented by professional legal counsel is important. In regard to a probation violation lawyer, Lebanon County, PA counts with many attorneys to provide skilled legal representation.
Examples of Restricted Activities
Abiding by all the regulations of probation can be difficult, since the conditions may restrict or forbid several activities.
Some of the restrictions relate to the sentence for the criminal conviction. These may include failing to make regular payments toward a fine, failing to complete community service as required or committing another crime. Other terms are usually imposed as well, and may be relevant to the actual crime.
For instance, a conviction of assault with alcohol as an aggravating factor may lead to a probation condition of no alcohol or drug use, along with random testing. There may be a restraining order that prohibits the offender from coming within a certain distance of the victim, and the victim’s home and workplace. The offender may be prohibited from leaving the state until probation has been completed.
Legal Strategies
An attorney with an organization like the Law Office of Melissa R. Montgomery often works to convince a judge to dismiss the case or the prosecution to drop this charge. This is most likely when the violation was relatively minor. Violating probation is considered a serious offense, but nevertheless, there are variations in the severity of which rules were broken. For a probation violation lawyer, Lebanon County, PA residents can choose a licensed attorney who provides aggressive defense against the charge.
Another possibility would be to negotiate a plea bargain with the prosecution so the offender spends a certain amount of time on house arrest instead of in jail. This involves wearing an electronic ankle bracelet that tracks the person’s location. A judge may decide to extend the probation period or add even more restrictive terms to the arrangement. A sentence of community service might be imposed in lieu of jail time.
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