It is generally a good idea to hire a lawyer when dealing with the courts. Engaging a lawyer when facing a probation violation hearing is important in either contesting the allegations or admitting to them with an explanation that would influence the judge’s decision. However, without the assistance of lawyers like those at the Law Office of Genine Ann Mejia, explaining or contesting a breach before the judge might be difficult, and a violation penalty such as a probation extension or community service might be applied.
Here are three ways through which a lawyer can help:
Probation Hearing
When facing a probation hearing, an alleged offender might not understand what it entails. A prosecuting attorney in a probation case does not need a beyond-a-shadow-of-doubt level of proof to obtain a penalty from the court against the violator. The onus of proving the accusations are false or offering a reasonable explanation for violating probation is now on the defendant. Without legal help, the individual may not adequately explain their reasons for breaching probation.
Refuting Violation Claims
A person under probation might sometimes need to face hearings when there are witness claims that they violated probation. During such hearings, legal assistance is required to reject the charges or violations and demonstrate that the person is not involved. Legal assistance improves the odds of the judge comprehending the situation.
Admitting to a Violation
When a person violates the terms of probation, they should be honest with the judge and explain why the terms of probation were broken. Then, it is possible to present the details through a lawyer without complications. In some instances, the breach was unavoidable, such as in an emergency or when the individual or a loved one had to deal with medical issues.
