How to Fight a Motion to Revoke Probation

If you are caught violating the terms of your probation order by police or a probation officer, then you can be subject to having your probation revoked. You can also face all or part of the original suspended jail or prison sentence being imposed on you. Since even minor criminal charges can result in penalties for both the current arrest and the probation violation, it is important for individuals on probation to understand their options if they have to fight a motion to revoke their probation.

Prove the Violation Didn’t Occur

When you attend the probation violation hearing, a judge will determine if you actually violated the terms of your probation and if so, what punishment is suitable for your actions. If you have adequate evidence to convince the judge that your probation officer is wrong and you did not violate the terms of your probation, then the judge will order your probation to continue without punishment.

Remedy the Violation

To remedy a probation violation, you must perform the specific actions that the judge ordered you to do in the first place before the probation violation hearing. For example, if you were ordered to pay restitution to victims as part of your probation, then you should try to pay the restitution as soon as possible to show the judge you are acting in good faith.

Bargain Over the Revocation

If you are arrested on new charges that violate your existing probation order, you might be able to negotiate a new plea bargain that covers both cases. This is common in areas with busy courts where calendars are substantially backlogged.

Can I Bail Out of Jail If I’m Waiting for a Probation Violation Hearing?

In some situations, the judge will issue a “no bail hold” while a defendant waits for their probation violation hearing. The judge can also choose to set bail, or they might deem it appropriate to release the person if they promise to show up again in court for the hearing. Generally, bail is allowed if the alleged violation is less serious or the defendant complied with most of the other terms and conditions of the probation order.

Turn to Our Reliable Probation Violations Attorney for Help with Your Case

At Lessem, Newstat & Tooson, LLP, we understand that it can sometimes be difficult to hold true to all the rules of your probation all of the time. We get that people sometimes make mistakes, so if you find yourself in a situation where you are accused of violating your probation, please don’t hesitate to get in touch with us so we can explain all of your options under the law. No matter what your circumstance, our firm has the extensive resources to help to make it right.

To set up a case consultation with Lessem, Newstat & Tooson, LLP, please give us a call today at (800) 462-7160 or complete our convenient online form.