Upon receipt of your call, we can explain defenses to violation of probation charges that you may not be aware of. Because you were charged with a violation of your probation does not mean the state can prove it in every case. Effective defenses, that are frequently overlooked, can best be utilized in the beginning stages of a violation of probation case to prevent the imposition of a jail sentence. Upon receipt of your call we can explain defenses to have the violation of probation dismissed sometimes prior to the trial
"Many thanks for your outstanding representation in getting my violation of probation charge dismissed prior to the hearing, especially since the probation officer was recommending my probation be terminated and that I go to jail."~~M. N.
"Your aggressive representation was outstanding as it exceeded the result I hoped for as in addition to blocking the violation, you were above to get an early termination of my probation. You are the lawyer they need to talk to."~~C. C.
"I never realized how technical a charge of violation of probation could be and could have never presented the defenses you made on my behalf that resulted in an acquittal of all charges."~~S. R.
"Thank you for your excellent representation, providing clear answers throughout the case and defending the violation of my existing probation due to a subsequent conviction, so I did not have to serve either sentence imposed by each court."~~A. C.
The goal of a violation of probation charge is to terminate the probation and to impose the origional jail sentence that the judge imposed. The goal of the accused should be to determine what legal defenses are available to prevent the jail sentence that the judge imposed. If the accused is not able to get the violation dismissed, the accused will have to go to jail rather than remain on probation.
Jack Hyatt, for many years was a senior criminal probation officer, a Former Assistant States Attorney and has participated in numerous violation of probation and parole trials and can provide the very best opportunity to present legal defenses to avoid the actual jail sentence to be imposed.
The experience, specific training and education of the lawyer that represents you can make the entire difference between wining and losing your case. The goal of a violation proceeding is to impose the original jail sentence.
Special defenses are available in these proceedings.
A violation of probation or parole occurs when conditions of probation have been breached or violated.
Jack Hyatt thoroughly understands the mechanics of probation, what the state's burdens are to prove a violation of probation, what defenses will best work and which defenses will not work. He will bring his experiences, using both sides of the law, to aggressively represent you in your violation of probation and will provide the very best opportunity to avoid a jail sentence.
You can begin your case by scheduling an appointment, or if you are more than twenty miles from our office, or if you are presently incarcerated, you can begin your case by mail.
You can call now. 410-486-1800 24/7.
If we accept your case, we will provide you with a special prompt package that will enable you to detail exactly what occurred. After questioning you, we will detail all of your options and the very best way to proceed in your case. If you are on probation with harsh conditions, with the correct preparation, it is possible to have the conditions of probation modified, and sometimes terminated early.
What is a Probation Violation? When a Maryland criminal defendant is on probation, there are general conditions of probation in the probation order and special conditions of probation that are usually written in by the court that have to be obeyed. If any of these rules are broken during the probationary period, a probation violation occurs, which could result in the having the probation terminated and the origional jail sentence imposed. In order for probation to be terminated, however, the court must hold a hearing at which the defendant will either admit or deny the violation. What are the ways that Probation be Violated?
Probation can be violated in a number of different ways. The most frequent ways in which of probation can be violated are:
Failure to pay court ordered restitution or fines. When the defendant does not pay required restitution or fines to the victim, a probation violation may occur and a show cause order can be issued.
A show cause order is serious because the defendant is required to show the judge cause why he or she should not be found in violation. Possession of Illegal Substances - a probation violation may occur when the defendant possesses illegal weapons or drugs.
Committing a subsequent offense. - Staying out of trouble is mandatory during probation.
Even if the subsequent offense has nothing to do with the charge underlying the probation, for example if a defendant on probation for assault is arrested for drunk driving, the second arrest will violate the original proabion. When the defendant commits new crimes during the probationary period, a probation violation may occur. Being charged for any subsequent offenses is usually a violation of the order of probation.
In the event you are charged with a violation of probation, the most effective time to retain a lawyer who understands the mechanics of probation is immediately so that certain common mistakes can be avoided.
Probation before judgment is a sentence available to certian first-time offenders. Probation before judgment is neither a conviction nor an acquittal, however, if the defendant completes the terms of his or her probation, such as completing a substance abuse program or paying restitution, he or she may be able to expunge any public record of the proceeding.
What are the consequences of a violation of probation?
The consequences of a violation of probation may be that the entire original jail sentence could be imposed. On the other hand, the defendant's probation officer may agree to continue the probation, or may request a modification of the terms of probation.
Is a violation of probation a felony?
A violation of probation is not in itself a felony, however, the underlying offense may well be a felony.
What happens when a person is found to have violated his or her probation?
When a person is found to have violated his or her probation, the probation may terminated and the original sentence may imposed, or the probation may be continued, or the entire probation may be closed.
Is violation of probation a misdemeanor?
Violation of probation is a misdemeanor when the underlying offense is a misdemeanor.
What is the range of violation of probation jail time?
The violation of probation jail time, if any, is determined by the judge. The same judge will preside over the probation for the entire length of the probation. Often, a conviction results in a split sentence, so that a person is sentenced to sixty days in prison with thirty days suspended, followed by eighteen months of supervised probation.
What is violation of probation charge?
A violation of probation charge occurs when a general or special condition is violated. A general condition might require the defendant to obey all laws, while a special condition might require the defendant to have no contact with the victim.
What happens at a violation of probation sentencing?
At a probation sentencing, the court will hear the evidence and make a decision as to whether the conduct alleged violates the defendant's probation and whether the probation should be revoked, continued, or closed. The standard of proof is different at a probation hearing than at a criminal trial. In a criminal trial, the State's case must be proved beyond a reasonable doubt, sometimes expressed as 95% confidence in a defendant's guilt, while at a violation of probation hearing, the evidence must only be more likely than not, sometimes expressed as 51% confidence. In addition, the rules of evidence at a violation of probation hearing are somewhat looser than those of a criminal trial, so that hearsay, for example, can be considered.
What is a violation of probation warrant?
A violation of probation warrant is issued by a judge when the person on probation can not be found; it requires any police officer in the State to apprehend the subject and hold him or her for trial.
What causes a a violation of probation?
A violation of probation occurs when the person on probation defaults on any of the conditions by, for instance, failing to report to his or her probation officer as scheduled or failing to pay restitution. Failure to pay probation costs by itself will not usually subject a person to incarceration. The most frequent excuse for defendants accused of failing to report is a lack of transportation, however, judges almost never accept this excuse, since it is up to each person to secure transportation and to allow sufficient travel time.
Equity - Justice or fairness. Equity refers to a separate system of law developed in response to the inability of law courts to produce a just result for every injury. The crown established a court of chancery to provide justice to the parties in which the common law was unable to give adequate redress. The concept underlying equity is that equity will achieve a lawful result when legal process is inadequate. Remedies such as injunctions and restraining orders are equitable remedies.
Evidence - Proof, consisting of exhibits or testimony that are accepted by the trier of fact at any stage of court proceedings.
Privilege - A power, right, or immunity belonging to a class or person beyond the course of law, for example the privilege against self-incrimination guaranteed by the Fifth Amendment.
Probable Cause - The evidence required before a person or property may be searched or seized by law enforcement and before a search or arrest warrant may be issued.
Family Allowance - A small sum of money set aside from the estate of the deceased. Its purpose is to provide for the surviving family members during the administration of the estate. P>Severance - Separation of defendants or offenses into different trials.
Show Cause Order - Court order for a person to appear in court to explain why some action should not be taken.
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Rest – To conclude an argument.
Restitution –Financial compensation to the victim of a crime.
Civil Procedure - Rules governing the conduct of a case.
Class Action - A lawsuit brought by a representative plaintiff on behalf of a larger group.
Clear and Convincing Evidence -The standard of proof controlling the weight of evidence that must be presented for the plaintiff to win the case, expressed as roughly seventy per cent certainty, as compared to the fifty one per cent required by the preponderance of the evicence standard and the ninety-five percent required by the beyond a reasonable doubt standard in a criminal case.
Clemency - Act of marcy by the executive branch of government to mitigate a criminal sentence.
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Seal - The Clerk of Court's guarantee of authenticity.
Caption - Heading on a legal document setting forth the the parties, case number, count, and related information.
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Finding - Formal conclusion by the judge or regulatory agency on issues of fact. Also a conclusion by a jury regarding a fact, , Testimony - The evidence given by a witness under oath. It does not include evidence from documents and other physical evidence
Third party complaint - A petition filed by a defend Substantive law - The statutory or written law that governs rights and obligations of those who are subject to it
Civil Contempt –Punishment is to force a defendant to perform an act previously ordered by the court and which the defendant has not done.
Reply – Answer by a individual to charges raised in a complaint.
Request for Production – Demand to a party to produce certain documents or other items.
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First Appearance - The initial appearance of an arrested person before a judge to determine whether or not there is probable cause for his her arrest. Generally, the person comes before a judge within hours of the arrest. Also called initial appearance,
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Fraud - Intentional deception to deprive another person of property or to injure that person in some way, Tax Court of the United States - A judicial body which hears cases concerning federal tax issues
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Litigation A case, controversy, or lawsuit. Participants plaintiffs and defendants in lawsuits are called litigants.
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