Probation Violations

At Owens & Perkins, we know that a person facing a Probation Violation is basically facing a loss of freedom. Often circumstances kept a person from fulfilling the terms of their probation despite their best efforts. In a situation where the inability to fulfill all terms of probation was not willful, it may be a defense to the violation itself. And even if the judge finds that you did violate your probation, revoking the probation and sending you to prison is just one option. In most cases they also have the option of reinstating you to probation with or without additional jail time. Owens & Perkins has experienced, effective Attorneys to represent you in these types of cases.

First, every aspect of your case needs to be investigated. This includes investigating every allegation listed by the Probation Officer in their Petition to Revoke. It includes asking the Court to order that the Probation Department allow you to inspect the entire file, not just the Petition itself.

Next, we will discuss the outcome of the investigation with you, and together decide on the best course of strategy. Sometimes, when the State has a strong case, that strategy will be to admit a violation but seek the best possible outcome. This will include gathering and presenting mitigating evidence and, when possible, seeking to achieve a result that avoids or reduces incarceration time. This evidence includes not only evidence showing any weaknesses in their case, but also evidence of your good character that shows why you should not have your probation revoked.

If, on the other hand, you did not willfully violate your probation, we may elect to proceed to a hearing before a Judge who will decide whether or not you violated your probation. If that is the path chosen, our experienced trial Attorneys will fight for you and prepare the case for Hearing to present it to a judge in a light most favorable to you.

If you are interested in contacting Owens & Perkins to learn more about how we will defend you against your criminal charge, click here or call us at 480.994.8824.