Best Houston Drug Crimes Attorney: Coping With a Probation Violation?
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Please note that the Top Houston Criminal Lawyer will be able to expertly guide you through the complicated Probation process.
Rather than sentencing a defendant to a prison term, a judge could possibly select to sentence a defendant to probation. Probation releases a defendant back into the community, however the defendant doesn't necessarily have exactly the same level of independence as a regular citizen. Probation comes with conditions that restrict a probationer's behavior, and if the probationer violates one of those conditions, the court could very well revoke or change the probation.
Courts generally grant probation for first-time or low-risk offenders. Statutes determine when probation is possible, nevertheless it is up to the sentencing judge to determine whether or not to actually allow probation.
Houston Criminal Defense: Hire the Top Houston Criminal Defense Attorney
Even though sentencing judges have this discretion, they must still stay within the statutory limits when granting probation. For example, a judge can never impose probation for a period longer than the maximum sentence prescribed by statute.
Probation has three primary objectives:
- To rehabilitate the defendant
- To safeguard society from additional criminal conduct by the defendant
- To protect the rights of the victims
Once a judge has granted probation, the matter moves into the jurisdiction of probation officers, who monitor the probationer’s compliance with the terms of the probation.
Probation Conditions
Conditions are an inherent part of probation. Judges set conditions in order to meet the goals for probation stated above. A probationer should comply with these conditions or else the court may possibly impose a jail sentence or add more restrictive conditions to their probation.
Courts frequently have a good deal of discretion when setting probation conditions, however that doesn’t mean that judges can set whatever terms they want. Probation conditions should be reasonable. This means that the conditions cannot be vindictive, vague, overbroad or arbitrary. Additionally, the conditions need to be related to the protection of the public. Also, if a judge wishes to impose special conditions, those conditions must relate to the nature of the crime that the probationer committed.
Judges set the conditions, nevertheless probation officers enforce them. If the probation officer finds probable cause to believe that the probationer has violated the terms of the probation, the judge could very well either change the terms of the probation or revoke the probation and impose a jail sentence.
Probation Revocation
Because the probationer’s freedom is at stake, however, the probationer should receive some procedural due process before a court revokes their probation. Although the judgment to revoke probation, just like the decision to grant probation, is at the court’s discretion, the court must go through several procedural requirements before revoking probation. The probationer confronting revocation doesn’t have as many rights during revocation proceedings as they do in the course of the original criminal trial, however.
In order to revoke probation, a court has to provide the probationer with notice of the proposed revocation and conduct a hearing on the matter. The probationer has a right to testify at the hearing, present supporting witnesses, and confront the witnesses against them. The probationer also has a right to a neutral hearing body, and must receive a written statement containing the reasons for revoking probation.
If there is sufficient evidence, a violation of even a single condition may result in revocation of probation. The violated condition has to be valid, however. Any time a condition is later found to be unreasonable then violation of that condition will not constitute grounds for revocation.
Houston Probation/Parole Violation Issues: Hire the Leading Houston Criminal Defense Attorneys
If you are accused of violating the terms of your parole or probation or have questions relating to a potential probation offense, remember to call the Leading Houston Criminal Defense Attorneys anytime for a no cost initial consultation.
Article Source: Articlelogy.com
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