A Philly Probation Violation Lawyer provides legal counseling for individuals who have violated their probation orders by participating in activities that are considered unlawful. Probation violations apply to a multitude of actions and are subject to the stipulations of the individual’s probation orders. For instance, a common restriction for probation is that the individual is not allowed to drink alcoholic beverages or use illegal drugs.
Probation Violations and Restrictions
When a judge assigns you to probation in lieu of jail time, he or she applies certain stipulations to these orders. Typically, the stipulations apply directly to the crime for which you are charged. For instance, if you were charged with assault, you may be restricted to certain locations or order to refrain from visiting a specific property. However, probation may additionally require that you refrain from drinking alcoholic beverages, using drugs, or other participating in other activities.
A violation of your probation is implied when you are caught participating in activities that are restricted through your probation. In some cases, you will receive a short jail sentence based on the severity of the violation. However, the judge and the prosecution may enforce stricter punishments based on the crime you committed that led you to a probation order. This could mean serving the full sentence in which you could have received instead of probation. This determination is strictly at the judge’s discretion and may be rendered at the time of your arrest.
Attorneys Thomas D. Kenny and Michael Kotik provide criminal-defense services to probation violators. These attorneys will review the stipulations of your probation and determine the manner in which the alleged violation occurred. They will utilize knowledge of criminal law to advise you and to defend you against prosecution.
Your Philly Probation Violation Lawyer can assist you after a probation violation. He or she will demand evidence of this violation in a court of law. Through a diligent effort, your attorney will create a defense case that may dismiss the charges altogether. However, the ultimate decision is up to the judge and testimony of the probation officer is admissible in court.