VIOLATIONS OF COMMUNITY CONTROL
Violations of probation (VOP) and Violations of Community Control (VOCC) are just as serious as the as the original charge that resulted in probation in the first place. This is due to the fact that the potential sentence is the same as you faced originally. However, every Violation of Probation or Violation of Community Control must be willful and substantial for your supervision to be revoked and sentenced to jail or prison time.
If you are arrested for a VOP, you are not entitled to a bond by Statute, unlike when you are arrested for a new
charge. The judge has the discretion to give you a bond on a VOP, but they do not have to and you generally you have to wait to resolve your VOP in due course. However, if you hire me
before you are served with a VOP warrant, I can move quickly and be at your first appearance to argue for a bond. I can also contact the prosecutor and try to get a stipulation for a bond
or even work out the VOP so your time in custody is minimal.
Once your probation officer makes an allegation that you have violated the conditions of your probation, a violation of
probation warrant will be sent to the Judge for his signature and the warrant will be issued for your arrest. If you are allowed to post a bond or ROR'd while the VOP charge is pending, you are
still required to keep in contact with your probation officer and to continue to follow your conditions of probation. It is key for you and your future defense to continue complying with
your probation conditions, such as reporting to your probation offices, even if you think he/she will report that you violated your probation. If you don’t keep in contact with the
probation officer, chances to obtain a bond, if you are violated, and to successfully fight your VOP case will be more difficult.
It is extremely important that you contact me as soon as you suspect that you may have violated your probation. There are many strategies that can be used by your defense attorney to defend your rights.
Once a VOP warrant is issued and you are taken into custody a Violation of Probation Arraignment is scheduled to either admit or deny the violation(s). This first court date is an opportunity to resolve your VOP and get you out of custody on the same probation conditions or alternative conditions and supervision. If your case is not resolved at Arraignment a Violation of Probation Revocation hearing will be scheduled. The Revocation Hearing is very different than other hearings.
A violation of probation hearing has the following characteristics:
If you are found guilty of violating your probation, you could be convicted on the original charges, which means that you will have now a criminal record. That is why it is imperative to contact me immediately to start fighting your violation of probation from the beginning. I can negotiate to keep your withhold of adjudication and get you back on supervision.
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