Violating a term of probation, whether deliberate or not, can result in a probation violation hearing. The burden of proof in these hearings is much lower than a regular criminal case but a conviction subjects you to a complete re-sentencing on your original offense. Depending on the violation and without the proper representation, the ultimate result of a probation violation can be just as severe and often times more severe than the original sentencing.
Just because you have been convicted of a crime does not mean that you do not have rights. Although your rights may be lessened while on probation, they nonetheless exist and we are here to protect them. Before we even begin to discuss a sentencing with you, we first review and explore the intricacies of your case to determine the best course of action. We review the body of law specific to probation violations and we look to our team of expert witnesses to determine if they can be helpful in mounting a challenge to the allegation against you. If the ultimate result is a sentencing, we have a keen understanding of what the presiding judge will want you to demonstrate in order to avoid the worst case scenario. We will help you to make the necessary demonstration to your judge.
We at Mertens, Laxton and Clement have handled these matters in both district and circuit courts throughout the state. We have also handled similar type hearings (often referred to as supervised release violations) in federal court. We have a keen understanding of what the presiding judge will want you to demonstrate in order to avoid the worst case scenario. We will help you to make the necessary demonstration to your judge.