Can you violate probation and not go to jail

You have 30 days from the date of sentencing to appeal a case. You may choose to accept legal assistance from a state-appointed lawyer during your trial. Maryland is one of the states in the U. That assesses both administrative and criminal penalties when someone is charged with a DUI.

This means that fines, license suspension, and imprisonment are all commonly assessed when a driver has been caught doing so under the influence. The MVA handles most of the administrative charges, but a criminal defense lawyer is necessary if you want to avoid harsher penalties for the criminal charges.

Very professional and glad I contacted them over anyone else. P: ross rossalbers. The information contained in this Website is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

In some cases, you may have to serve the entire maximum sentence. For example, if you were sentenced to two years but served one on probation, you may still find yourself in jail for the entire two-year sentence. When you violate your probation, your rights are limited, but a Dallas, Texas DWI attorney can help you defend them. They include the following:. That being said, the prosecution only needs to prove, by a preponderance of the evidence, that you violated your probation.

This is vastly different from having to prove your violation beyond a reasonable doubt. As such, sending you back to prison is a much easier task. Do not make the mistake of attempting to navigate this process without the help of a Texas probation violation attorney. In either case, if your violation involved a new crime, you can also face charges for that crime.

For example, if you violated probation by getting a DWI, you would likely face DWI charges in addition to your original crime. There is, however, an alternative. If you are unable to show that you were not in violation, your probation violation attorney may still be able to negotiate the modification of your probation agreement.

As a result, you may receive stricter terms and longer probation, but it might keep you out of jail. Even if your actions were not inherently illegal, if they violated the terms of your probation, you will likely find yourself in legal trouble.

Depending on the type of probation you are under, there are myriad ways to violate terms of probation. Some of the most common include:. For a free legal consultation, call If you have been arrested for a probation violation, you will either be released on bond, or you will be held without bond.

During this time, a hearing will be scheduled for a future date. Hire legal counsel immediately. Your lawyer can position you for a favorable outcome by showing that you did not violate the terms of your probation, or by amending the terms of your probation, for example. Even when your probation has been revoked, your attorney can take certain steps to have it reinstated. Violating your probation is a serious matter in Texas. There are some circumstances where a judge may sympathize with a probationer who has missed a court appearance for a valid reason.

For instance, if there was an injury to a child or there was a death in the family. In cases where the violation can be explained due to extenuating circumstances, the judge is far more likely to let the probationer off with a warning. In a number of circumstances, judges will simply do whatever a probation agent recommends. In other cases, an aggressive prosecutor may recommend a stiff sentence.

In either case, it is necessary to have an experienced probation attorney help mitigate any damage that a violation will do. Judges can be liberal or conservative and among them, there are certain crimes that they may take a hardline stance on. In addition, if the judge is not in a particularly good mood that day, it could impact how he perceives your violation. A judge may be compelled by law to sentence a probationer to jail time if they violate the terms of their probation.

At the very least, it leaves you at the mercy of the court, and at the most, it can force you to serve unnecessary time.

If you are charged with violating a probation sentence, having an attorney on your side who knows the prosecutors, the judge, and can effectively argue on your behalf will produce far better results than handling it alone. The Indiana probation violation lawyers at Eskew Law have managed several cases just like yours.

This field is for validation purposes and should be left unchanged. Contents hide. The Seriousness of the Violation. A Prior Probation Violation.