Answering the common question of “what Is the Jail Time for Violation of Probation”… (and how to avoid it!)
When you’re accused of a violation of probation it can be frustrating and confusing. Often, you can feel like the courts, the judge and the probation officer are against you. When you’re on track, judicial staff is in your corner, but when it is presumed that you have violated, it feels like everyone has turned against you. In other words, you feel quite alone, and your explanations are falling on deaf ears. That is when you are most concerned about what is the jail time for violation of probation.
How to Assess How Much Jail Time You Will Get for Violation of Probation
There is no easy answer and there is no cookie cutter sentence in the law for violations of probation. The rule of thumb is that it is up to the judge’s discretion on how to penalize a probationer that is found to be in noncompliance. The focus should be on how to avoid jail altogether. A knowledgeable and tenacious criminal defense attorney will immediately start crafting a strategy to put you in the best possible position. For starters, your attorney will be your number one advocate and make sure that your side of the story will be heard.
What Was the Alleged Violation?
- missed appointments
- failure to pay fines and costs
- other violations
- positive drug or alcohol tests
- false positive tests
- noncompliance with community service
- new criminal charges
- prior violations
Whatever the alleged violation, the court must notify you in writing and let you know you’ve allegedly violation probation. There may be a solid and logical reason for why you were unable to do something that was required of you. It is the job of your attorney to be your voice and insist the court listens to you.
Factors to Consider When the Judge Wants to Impose Jail Time
The plan is always to find an alternative to jail. If it’s a positive drug test, perhaps intensive counseling is needed. If it’s a lack of payment of fines and costs, perhaps a payment plan can be arranged. If it’s chronic tardiness to an appointment, perhaps a new schedule can be agreed upon. Regardless of the alleged violation, your best chance of success is to locate a criminal defense attorney that regularly wins and keeps their clients out of jail. There may be solutions to remedy the violation and a skilled attorney will know how to present these solutions to the Court.
Your Violation of Probation Legal Defense Team at LEWIS & DICKSTEIN, P.L.L.C. is waiting to help you. Give us a call at (248) 263-6800 or fill out a Request for Assistance Form for a free consultation. We have decades of experience successfully defending violations of probation.
“We will find a way to help you and, most importantly,
we are not afraid to win!“
– LEWIS & DICKSTEIN, P.L.L.C.