Columbus Probation Attorney

Probation is a sentence a judge can impose instead of jail time or in addition to jail time. Probation has conditions or terms attached to it that the defendant must follow. If a person violates these terms (a probation violation), the judge can impose any sentence that could originally have been ordered—including a jail term.

Have you or someone you know been sentenced to probation for a crime committed? If so, contact a Columbus probation attorney at Funkhouser Law today!

There are different types of probation that a judge can impose. A probationary period can range from a few months up to several years. Probation may compel a defendant to report to a probation officer or may merely require that the defendant stay out of trouble.

It is possible for a person sentenced to probation to violate that order in many ways depending on what conditions were attached to the probation. The most frequent types of probation violations include:

• Failure to Report: Some forms of probation require that the defendant report to a probation offer at specified times and locations. Failure to report to the probation officer may result in a probation violation.
• Failure to Comply: Failure to complete rehabilitation programs or community service requirements that are included in the terms of probation may result in a probation violation.
• Failure to Pay: Failure to pay fines or restitution ordered by the court may result in a probation violation.
• Failure to Appear: Failure to appear at scheduled court appearances may result in a probation violation.
• Committing a New Offense or Crime: As part of the terms of probation, defendants are often ordered to avoid picking up any new offenses during the probationary period. If a defendant commits new criminal or traffic offenses during that time, a probation violation may result.
• Possession of Illegal Substances: Possession of illegal drugs or weapons may result in a probation violation.
• Non-compliance with Rules: As part of probation, the court may order a defendant to avoid contact with a certain person or to stay away from a certain location. Failure to comply with these rules may result in a probation violation.

Have you or someone you know been sentenced to probation for a crime committed? If so, contact a Columbus probation attorney at Funkhouser Law today!

If a defendant violates the terms or conditions of probation, the prosecutor will be notified. This notification comes from a probation officer. The prosecutor will then decide whether to file a complaint requesting that probation be revoked and the defendant to serve a jail term. If the prosecutor decides to proceed, and the supervising judge agrees, the defendant will be served with a statement of violations and a summons to appear in court at a revocation hearing. The penalties for a probation violation depend on the severity of the breach. In some cases, probation may be revoked and the defendant will be required to serve time in jail or prison.

Before probation is revoked, the prosecutor must prove that the defendant committed a violation of the terms and conditions of the probation. In determining whether or not there has a been a violation that should lead to a probation revocation, the court may consider a variety of factors, including: the seriousness of the violation, history of previous probation violations, the opinion of the probation officer, whether the violation occurred at the beginning, middle, or end of the probationary period, and any circumstances surrounding the violation.

If the court determines that the defendant violated the terms of his or her probation, the judge may sentence the violator to any sentence allowed for the crime originally committed. This sentence may include jail or prison and/or re-ordering probation with stricter terms and harsher conditions such as more intense supervision or completion of additional rehabilitation or community service programs.

If you have been summoned to appear in court for a probation revocation hearing, it is important to contact an experienced Columbus probation attorney who can fight for your rights and represent you. Only a qualified attorney will be able to critically evaluate all aspects of the alleged probation violation and present defenses on your behalf. Contact a Columbus probation attorney today.

Have you or someone you know been sentenced to probation for a crime committed? If so, contact a Columbus probation attorney at Funkhouser Law today!

This site is intended as general information and does not establish an attorney client relationship with the office of Douglas A. Funkhouser Co., L.P.A.

Orion Foundry (US), Inc. – Search & MM Services. All rights reserved.