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Cincinnati Probation Violation Lawyer
Being on probation can allow you to be released from custody and to move forward with your life. However, probation comes with many terms and requirements. But if you are found to have violated your probation agreement, you can face very serious punishments. Being arrested for violating your probation can result in additional probation terms, costly fines, and even the possibility of more time in custody. If you are in this situation, it’s important that you call an experienced probation lawyer to help you. The Cincinnati probation violation lawyers with Luftman, Heck & Associates understand how decisions are made with regard to these types of accusations, and what it takes to achieve the best possible result.
Do not wait to call a skilled criminal defense lawyer if you or a loved one have been arrested for a probation offense. Even a first probation violation can result in a severe punishment. Call Luftman, Heck & Associates today at (513) 338-1890 or submit a request online.
What is a Probation Violation
Courts consider probation as an alternative to incarceration that requires supervision and/or participation in certain programs like counseling or drug testing. Under Ohio Revised Code 2951.02, the state has a lot of discretion when determining the terms of a person’s probation. This lets the court keep a close eye on you while you try to move on with your life. If you are arrested for violating probation, Ohio law allows a judge to bypass a jury trial when determining if you’re at fault. For this reason, avoiding a harsh punishment for a probation offense requires having an experienced lawyer who is familiar with how these cases are handled.
There Are Many Ways You Can Violate Your Probation
Police officers can arrest you if they have reason to believe that you have broken the law, and it’s no different for an officer who thinks that you are in violation of your probation requirements. If you are not in the presence of law enforcement and cannot immediately be located, a judge will issue a warrant for your arrest.
An arrest for a probation violation can happen if it is suspected that you have not abided by the terms of your probation. Our attorneys have worked with many clients who are facing a misdemeanor or felony probation violation. Of the various ways you can find yourself in legal trouble, some of the most common probation violations that we have seen include:
- Breaking the law – Committing any crime will be considered a violation of your probation, and the court will determine if your pre-existing probation arrangement should be thrown out. This usually will not be the case for minor issues such as traffic incidents, but you should report these to your probation officer.
- Issues with drugs or alcohol – Failing a drug test, being caught with controlled substances, or not keeping up with required drug or alcohol treatment as required by the court.
- Failure to report – You may be required to report to your probation office at certain times or intervals. There are many reasons why you may fail to do this, but there can be serious consequences.
- Not paying necessary fines – Your probation may require you to pay certain fines, fees, or retribution.
The Hearing For A Suspected Probation Violation
An arrest for a probation violation will bring you before a judge to determine if you violated your probation, and what steps must be taken if you did. Since you were previously found guilty and sentenced to probation for a criminal offense, you will not be granted a new jury trial at this hearing. Furthermore, you do not have to be found guilty of a violation beyond a reasonable doubt as is the case in a criminal trial. Instead, it only has to be shown that a preponderance of the evidence points to the likelihood that you violated the terms of your probation. This is a lower standard that makes it easier for you to be found responsible for the offense.
Your first hearing in court after a probation-related arrest is quite similar to an initial hearing after being arrested for any other crime. However, the rules are different, and it can be much more difficult for the defendant. The judge will review the facts and hear from the prosecutor about what they believe that you did in violation to your terms of probation. Since this is not a new criminal charge, but rather related to the underlying offense that caused your probation in the first place, you can be required to testify against your best interests. Your lawyer can not only argue on your behalf before the judge, but a skilled probation lawyer can also make sure your rights are protected during this crucial time.
Serious Punishments Can Be Given To Those Who Violate Probation
Ohio law considers compliance with probation to be very important, and there can be serious consequences if you are found to have violated the terms of your probation agreement. While you are not being retried for the offense that put you on probation, you can have a more severe punishment for violating probation than for your initial crime. This is in part because your probation may have been a more lenient alternative to the punishment that you could have received, and now the state court may seek to not let you off lightly. It’s important to have an experienced lawyer who will know how the court will approach your punishment, and how to make sure you avoid a very difficult outcome.
In addition to punishments for any new criminal offense that caused your probation violation, the many punishments that you may face for not meeting your probation requirements can include:
- Time served on your probation will no longer be allowed to count toward your original sentence
- Your initial sentence can receive additional charges or be upgraded to the maximum punishment
- Your ability to post bond may be removed from future arrests
- You may have to go to jail for what would have been the remainder of your time on probation
- It can be much more difficult to have your criminal record expunged in the future
An Ohio Probation Lawyer From Luftman, Heck & Associates Can Help You
Being arrested for violating probation can be extremely stressful and confusing for anybody. You may be sent back to prison, and it can become much more difficult to get your life back on track. Ohio law intends for probation to be a good deal for both the individual as well as the state. It allows you to serve the remainder of your sentence without spending time behind bars, and it can be less demanding on the resources of the prison system. However, the consequences for violating the terms of probation can be extremely serious. If you have been arrested while on probation, you need a skilled lawyer who is experienced in probation hearings with a history of securing favorable results for their clients.
The Cincinnati probation lawyers at Luftman, Heck & Associates have represented many clients who have been arrested for violating the terms of their probation. Our team understands how important a successful resolution is for you and your family. Do not delay to contact us if you are in this difficult situation.