Almost all criminal convictions result in some period of probation. If you violate the terms of your probation, the prosecutor or probation department may file a Petition to Revoke Probation ("PTR") and ask the court to issue a warrant for your arrest. If you have violated your probation, it is crucial to contact an experienced criminal attorney right away. Avoiding jail time often requires immediate action.
If a Petition to Revoke Probation has been filed, it is important to obtain a copy of the PTR to determine what it alleges. For example, in almost all DUI and drug related cases, terms of probation require the completion of community service and an alcohol or drug abuse evaluation. Plea Agreements usually provide that if these terms are not timely completed, the defendant must serve a fixed period in jail. If the PTR alleges that these terms were not completed, an experienced criminal attorney may be able to negotiate an extension of time.
If the PTR alleges that you committed a new crime, you may face more serious consequences for the probation violation, than even the new offense. On a pending criminal case, you have the right to a trial by jury and to force the prosecutor to prove your guilt beyond a reasonable doubt. However, on a probation violation, the prosecutor only has to prove that it is more likely than not that you violated probation. And, the PTR will be heard by a judge and not a jury. If you are charged with a new offense while on probation, an experienced criminal attorney may be able to negotiate a plea agreement in the new case that will dismiss the probation violation.
You should never appear in court for an initial hearing without an attorney, especially if you are on probation on another case. If a PTR has been filed, you could have a warrant out for your arrest. You should also never represent yourself in accepting a plea agreement, even if you think the terms are favorable. By accepting a plea agreement in a new case, you have now admitted the facts necessary to prove that you violated your probation. If you are on probation and a PTR is filed, you should contact an experienced criminal attorney immediately. Aggressive action is often required to avoid jail time or other sanctions on the PTR.
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