This installment of case of the month deals with
probation violations. A probation violation occurs when a criminal defendant either gets a
new law violation or fails to abide by the terms of probation.
As part of a plea of guilty, criminal defendants generally have to pay
fines, and/or restitution or perform public service. Plenty of time is
allotted in order to satisfy these obligations. Unfortunately, people
tend to put these court obligations on the back burner and then forget
about them. The difference between court obligations and other personal
obligations is that you can be sent to jail for breaking your promise
to the court.
The original facts of a case are generally unimportant in a probation violation.
Rather, the problem is the criminal defendant, regardless of the reason,
has usually failed to do something that they promised to do. Placed in
this light, there does not appear any attorney can do much for his/her
client in probation violations cases. This, however, is untrue. A good
attorney can significantly help.
Not only is it important to know what to say, it is equally important to
know how to say it. I have seen many unrepresented defendants speak to
the court as they would speak to their parents. Whereas, a stupid excuse
given to your parents may only cause a mild rebuff, the same stupid excuse
to a judge can cause very unfortunate consequences.
The last probation violation case I handled ended successfully for my client
because i know what the court wants done and i have my client do it to
the best of my ability before we go to the court. This shows a good faith
effort on the part of the defendant. Nothing can infuriate a judge more
than an adult not acting like an adult. The court is serious about the
sentences that are imposed. The criminal defendant must be too.
Contact The Law Office of Barney B. Gibbs if you or a loved one has been charged with a probation violation. Put
his 30 years of experience and knowledge to work for you.