Baton Rouge Criminal Defense Attorney Specializing in Probation Issues

Probation Violation Hearings

Baton Rouge criminal defense attorney Rhett Spano has significant experience in representing defendants at probation violation hearings.  These hearings, if not handled correctly, can land you in prison serving your original sentence.  If you are facing a probation violation, you have already entered a plea or have been found guilty by a judge or jury. Therefore, it is much easier for a prosecutor to prove a probation violation, rather than convict an individual at trial. The downside to a probation violation is that an individual will most likely be held in custody without a bond until the probation violation hearing is held by the judge. Another major downside to a violation of probation is that the case is heard by a judge; you cannot avail yourself of the jury system. The last downside to a probation violation is that the standard of proof is different.

In a trial, the prosecutor has to prove an individual guilty beyond a reasonable doubt. In a probation violation hearing, the prosecution only has to prove the case by the preponderance of the evidence, a much lesser standard. There are two types of probation violations, substantive and technical.  Baton Rouge criminal defense attorney Rhett Spano has defended both types of probation violations.  Call now for a free and confidential consultation at (225) 341-7506 or fill out our online contact form.

Substantive Probation Violation

A substantive probation violation exists when an individual is arrested for a new criminal offense. The prosecutor will call witnesses to testify against you, including your probation officer. Even if the charge for which a person is arrested is not filed or eventually dropped, the prosecutor can still proceed with the probation violation hearing. A substantive violation is more serious, as the prosecutor and judge do not look at repeat offenders favorably. However, attorney Rhett Spano has been successful in receiving concurrent probation pleas for his clients.

Technical Probation Violation

A technical violation occurs by failing to meet the court ordered terms of your probation. Examples of conditions that probationers fail to successfully complete include: moving without permission, failing to report to your probation officer, failing to pay restitution and failing to attend court ordered classes. A technical violation is less serious and Baton Rouge criminal defense attorney Rhett Spano will be able to have you re-enrolled on probation, in most circumstances, depending if you have any prior violations.

Probation Violation Penalties

Generally, if you are found to be in violation of your probation the judge will make your original sentence executory.  In plain English, this means that if you were sentenced to 3 years in the Department of Corrections, suspended and 3 years of active probation, you will have to serve the 3 years in the D.O.C.  This is true even if you successfully completed 2 years of probation!  As you can see, the penalties for a probation violation can be harsh.  That’s why it is important that you hire an experienced criminal defense attorney to argue against your probation being terminated.  Call now for a free and confidential consultation at (225) 341-7506 or contact us online.