When you receive a notice of probation violation, it can be like the ground has been pulled right out from under your feet. You can go from being focused on moving forward with your life to suddenly being in a situation where a simple misunderstanding or failure to check in with your probation officer can send your life back into reverse. It is a scary realization: your freedom is not necessarily yours to keep, and the original sentence you fought so hard to avoid is suddenly back on the table.
The statistics show that nearly 25% of people on probation have some violation hearing during their probationary period. So if you’re in this situation currently, rest assured, you’re definitely not alone. It is a scary time for you. The stakes are high because, unlike a trial where you have to prove your innocence “beyond a reasonable doubt,” in a probation violation hearing, the state only has to prove it “more likely than not” that you violated your probation.
You’re not just fighting to beat a charge; you’re fighting for freedom from the original sentence that was stayed. In this article, we will discuss what a violation is and how the best criminal defense lawyers for probation violation can help you save your future.
What is a Probation Violation?
A probation violation occurs when you break the special conditions or rules set by the judge when you were sentenced. Instead of putting you in jail, the judge gives you a chance to stay in the community under special rules. If you break even one of those special rules, it is like waving a red flag at the judge. It is a breach of contract between you and the justice system.
A probation violation can occur when your probation officer files a petition with the court. The petition can result in a warrant for your arrest or a court summons for you to appear before a judge and explain why you violated the rules.
Examples of Common Violations
Everybody makes mistakes. However, the justice system considers a probation violation a major mistake. The most common reasons why people end up before a judge after a probation violation include the following:
- Missed Meetings: Failure to show up for a meeting with your probation officer. The court takes this as a sign of your intent to avoid the court’s supervision.
- Failed Tests: Failure of a probationer to pass a drug or alcohol test. A single positive result can convince a judge that you should be in a more restrictive environment.
- Unpaid Fines: Not paying necessary court fees, restitution to victims, or monthly supervision fees. Money problems are an inevitable part of life, but not informing the court about such problems may be interpreted as your deliberate attempt to disobey your sentence.
- New Charges: Incurring another arrest or being charged with another offense while still within your probation period. This is considered the most serious offense and might trigger an immediate request for your probation to be revoked entirely.
- Travel Rules: Leaving your county or state without prior written permission from your supervisor. Most terms of your probation require you to stay within a certain geographic area to ensure your availability for regular check-ins.
Legal Consequences
The consequences of your violation are severe and life-changing, depending on your lawyer’s actions. These consequences are as follows:
- Probation Revocation: The judge might revoke your probation entirely and require you to serve your original suspended jail sentence. You are then forced to lose your freedom and serve the time originally pending over your head during your sentencing.
- Stricter Rules: You could be required to wear a GPS tracking device or be given a much earlier curfew. It will be very difficult to hold down a job or engage in any family activities with these added levels of supervision.
- Mandatory Programs: You could be required to undergo extensive drug treatment programs. While these programs might be good for you in the long run, they will also demand a massive time commitment from you. That makes it very difficult to hold down a job.
- Heavy Fines: In addition to the costs you are already paying, the judge has the option to add additional costs as a further penalty for your breach. That will add to the difficulties you are having in successfully completing your term of probation.
15 Best Criminal Defense Attorney for Probation Violation in USA
1. Spodek Law Group
This law firm is a top choice in NYC, led by Todd Spodek. This law firm is famous for handling the toughest cases, including cases that even got a Netflix show! They are dedicated to making sure your voice is heard, whether it is a state or federal case. Todd is famous for being transparent and getting cases dismissed in just a couple of court dates. This law firm has the expertise and ability to beat the criminal charges you are facing, whether you need a state or federal lawyer.
Also, this law firm is so good that one of their cases even got a Netflix show because of their ability to handle the pressure. If you are in a difficult situation, you will need their NYC criminal lawyers on your side.
- Experience: 50+ years of experience, handled thousands of cases.
- Key Services: Federal Defense, State Criminal Defense, Probation Hearings, White Collar Crimes.
- Website: https://www.nyccriminalattorneys.com/
2. LV Criminal Defense
The LV Criminal Defense law firm was founded by Nicholas Wooldridge, whose passion is to seek justice regardless of the client’s status in society. He is the top-rated attorney in Las Vegas. The clients appreciate the dedication of the attorneys at this law firm and the way they work around the clock to devise a plan that keeps them out of custody. The attorneys at this law firm can assist you with any Nevada offense, from minor misdemeanors to major Nevada felonies.
The attorneys at this law firm are always ranked as the best in the industry due to their work ethic and dedication to providing the best results for clients. The attorneys at this law firm can also assist you with federal offenses, sex offenses, and drug offenses. Moreover, the attorneys at this law firm work day and night to devise a plan that can get you out of trouble before it is too late.
- Experience: Decades of experience in Nevada-specific law.
- Key Services: Drug Charges, Sex Crimes, Probation Revocation, Federal Crimes.
- Website: https://www.lvcriminaldefense.com/
3. David P. Shapiro Criminal Defense Attorneys
This law firm specializes in helping good people regain control over their lives. The attorneys at this law firm are dedicated to providing professional services to clients. They are very welcoming to clients and focus on the human side of the law. The attorneys at this law firm are dedicated to providing the best results with an everlasting impact on the community.
If you are in need of assistance due to a crime you have committed, then you can rely on the attorneys at “DPSCDA” for the best results because they are always polite, concerned, and professional in their work. Also, the attorneys at this law firm can assist you with any offense, from minor offenses like burglary to major offenses like murder committed against juveniles. The attorneys at this law firm are dedicated to helping you get over your problems.
- Experience: 14+ years serving the San Diego community.
- Key Services: Felony DUI, Violent Crimes, Theft, Probation Violations.
- Website: https://www.davidpshapirolaw.com/
4. David Benowitz
David Benowitz has 25 years of experience as an aggressive advocate. He is a top-notch expert in both federal and local DC courts. He is best known for his step-by-step approach in explaining everything to his clients so they never feel lost in the system. David has been successful in handling federal cases such as fraud, embezzlement, and money laundering.
He is recognized as a hard-working lawyer who listens to all his clients’ needs. He handles a broad range of crimes from homicide to sex crimes and gun charges. He is also skilled in handling warrants and traffic cases, such as reckless driving. Moreover, you can consider a consultation to get a feel of how his expertise will benefit you.
- Experience: 25 years of trial experience.
- Key Services: Homicide, Gun Charges, DUI, Warrants, Probation Issues.
- Website: https://criminallawdc.com/
5. Stroleny Law: Criminal Defense Attorney
Julian Stroleny is an award-winning attorney who knows how to win. He has the best attention to detail in the Miami area. Whether it is a misdemeanor or a serious violation of the law, he has the skills to get the job done quickly and efficiently. The experience you get at Stroleny Law is unmatched in the entire Miami area. Julian knows how to win cases for his clients, and his record proves it.
They treat all clients with the utmost respect throughout the legal process. Moreover, they have expertise in handling domestic violence cases, drug offenses, and white-collar crimes, among many others, making them one of the best criminal defense lawyers for probation violation.
- Experience: Former prosecutor with extensive trial experience.
- Key Services: Domestic Violence, Hit and Run, White Collar, Probation Violation.
- Website: https://www.strolenylaw.com/
6. Blair Defense Criminal Lawyers
Peter Blair is an AVVO-rated attorney who has a strong reputation for delivering top-notch services. He has excellent connections in the court system. This enables him to ensure his clients are represented confidently. They are good at keeping families informed during difficult legal situations. Peter has been able to effectively represent thousands of clients with unmatched representation.
He has been recognized as a Top 40 Under 40 by The National Trial Lawyers. They cover the entire Southern California region. They specialize in Downtown San Diego and are good at granting deferments to ensure the futures of clients. Besides, this is a huge decision in selecting the right attorney for your needs.
- Experience: Top 40 Under 40. They have been serving Southern California for a long time.
- Key Services: DUI Defense, Drug Crimes, Probation Hearings, Federal Defense.
- Website: https://blairdefense.com/
7. Maryland Criminal Defense Lawyer
Kush Arora Attorney at Law is a trusted Maryland criminal defense lawyers known for providing strong and strategic legal representation. The firm has built a solid reputation for defending clients facing serious criminal charges in both state and federal courts. Their team is experienced in handling complex cases and works diligently to protect the rights and freedoms of every client.
They are committed to guiding individuals and families through difficult legal situations while offering clear communication and dedicated support. With a strong focus on trial preparation and detailed case strategies, the firm has successfully represented many clients across Maryland. Choosing the right defense team is critical, and their experience and dedication help clients move forward with confidence.
- Experience: Extensive experience in Maryland state and federal criminal defense with a strong trial-focused approach.
- Key Services: DUI/DWI Defense, Drug Charges, Violent Crimes, Weapons Charges, Federal Defense, Theft, Domestic Violence, Traffic Offenses.
- Website: https://maryland-criminallawyer.com/
8. Chudnovsky Law
This law firm has over 75 years of combined experience. Tsion Chudnovsky is a criminal defense lawyers who has expertise in professional license defense. She is bilingual in Spanish and French. She knows how to maneuver a case through the Los Angeles County system effectively.
Moreover, she has extensive experience in defending clients charged with all types of crimes. Her team has expertise in the areas of medicine, nursing, and dental licensing defense. She knows the DA and judges and how to maneuver a case effectively.
- Experience: 75+ years of combined legal practice.
- Key Services: Criminal Immigration, DUI with Injury, License Defense, Probation.
- Website: https://toplawyer.law/
9. Combs Waterkotte
Combs Waterkotte is a law firm that specializes in helping you regain your peace of mind. They will tell you the hard truth, but they will do so with care. They are known for dismissing cases that many people thought were impossible. They are offering a free, confidential consultation to get started with your case.
They are a law firm that specializes in providing complete defense strategies for your case. Whether you are facing federal or traffic offenses, they are dedicated to protecting your rights. They are dedicated to providing you with the guidance necessary to obtain results that many people thought were impossible.
- Experience: Specialist in Missouri felony and misdemeanor law.
- Key Services: Kidnapping, Stalking, DWI, Probation Violation Lawyer.
- Website: https://www.combswaterkotte.com/
10. Petersen Criminal Defense Law
Tom Petersen has handled over 6,000 cases since 1995. He is a local “wizard” when it comes to DUI and probation cases. His knowledge and local connections help him get results that other lawyers might miss. He makes sure you never feel alone in court. The firm is dedicated to protecting those accused of crimes in Nebraska State and Federal Courts. They offer free no-obligation consultations to ensure you understand all your legal options.
They are dedicated to defending your rights and fighting for the best outcome possible in your case. When your future is at stake, Tom’s experience makes a massive difference. He is highly recommended for his professional and effective magic in court.
- Experience: 28+ years of experience.
- Key Services: Sexual Assault, Domestic Violence, Federal Crimes, Drug Offenses.
- Website: https://www.criminaldefensene.com/
11. Federal Criminal Defense Lawyers
Federal Criminal Defense Lawyers is a highly rated law firm that serves the entire United States. With over 40 years of combined experience, they offer individualized attention to all of their clients. They are experts in federal criminal investigations. Their experienced and accomplished lawyers are experts in drug-related offenses, white-collar crimes, and violent crimes.
They are always in touch with their clients and give them much-needed confidence during a difficult time. They treat all of their clients like family. Their extensive experience allows them to defend your rights effectively against federal charges. Besides, they are one of the top law firms for those involved in a national-level legal battle.
- Experience: 40+ years of combined experience.
- Key Services: Fraud Offenses, Drug Trafficking, Sex Crimes, Federal Violations.
- Website: https://federalcriminaldefenselawyers.com/
12. Kareem Law APC
Kareem Law APC is a law firm that specializes in helping people get their lives back together. Kareem has a reputation for being available on weekends and for treating all of his clients like family. Kareem fights hard to protect your rights in San Bernardino County, Riverside County, and Los Angeles County.
Kareem Law APC offers expert criminal defense lawyers in Upland and all of Southern California. Kareem specializes in domestic violence cases, DUI cases, and white-collar crime cases. Also, Kareem fights hard to protect your rights, whether you are involved in a serious crime or a minor misdemeanor.
- Experience: Expert in Southern California criminal courts.
- Key Services: Burglary, Expungement, Weapon Crimes, Probation Violation.
- Website: https://kareemlaw.com/
13. Andrew Gay, Jr.
Andrew Gay, Jr., is a highly respected lawyer in Philadelphia courts. He explains things in a way that makes sense to his clients and works hard until the end. He is considered to be worth every penny for his outstanding service. Andrew Gay, Jr. offers legal services for both state and federal criminal cases and personal injury cases. He is located in Rittenhouse and has a great presence in the courtroom.
In addition, clients also feel comfortable working with him because he checks in with them and explains all possible outcomes. His dedication to strategy and education makes him one of the best in PA.
- Experience: Long-standing Philadelphia Defense Expert.
- Key Services: Personal Injury, State and Federal Criminal Defense, Probation.
- Website: https://philacriminaldefenselawyer.com/
14. Cody Warner P.C.
Cody has handled thousands of cases and values honest communication. He recognizes the immense pressure his clients face and seeks to bring clarity to the process. He is highly recommended for his strategic approach and professionalism. He knows how to navigate the criminal justice system to achieve outstanding results.
Also, he checks in with his clients and has a history of achieving dismissals. His mission is to empower his clients with confidence and information. Besides, he is a knowledgeable attorney who acts as a consummate professional for each client.
- Experience: Thousands of cases resolved in NYC.
- Key Services: Misdemeanors, Felonies, Strategic Defense, Probation.
- Website: https://codywarnercriminaldefense.com/
15. Spodek Law Group
The Spodek Law Group is a legal firm with a division specifically focused on the high-stakes world of federal probation. They use their immense resources to beat charges and offer a risk-free consultation for anyone facing a tough legal situation. The Federal Division handles legal cases that tend to be more complex and have higher stakes than those at the state level. They have a history of being aggressive advocates who don’t back down from federal prosecutors.
Moreover, they have the knowledge of the special rules of the federal court and how they can be used in your favor. They are the legal team you want on your side when you’re facing a situation that feels insurmountable. Besides, they’re a top-rated legal team with a history of success in the world of federal defense.
- Experience: They have decades of experience with high-level federal litigation.
- Key Services: Federal Sentencing, Violations of Supervised Release, Money Laundering.
- Website: https://www.nyccriminalattorneys.com/
How to Choose the Best Criminal Defense Lawyers for Probation Violation
It is not just about randomly picking an attorney’s name from a list; you also need to make sure that you choose the right partner in your case. Here are some things you need to consider in choosing the best attorney for you:
- Local Knowledge: Consider an attorney who is familiar with the judges and prosecutors in your county, because this can give you an inside edge in winning the case. An attorney who knows the same judge you know can give you an inside look at the case because he already knows the judge’s tendencies.
- Communication Style: Pick an attorney who can explain things in simple terms and can be easily reached when you need him, because you do not want an attorney who uses too many technical terms that you do not understand, or an attorney who disappears for weeks without any warning.
- Proven Track Record: Go for an attorney who specializes in probation violation cases because not all attorneys are experts in this kind of case, which is very different from any ordinary criminal case.
- Fee Transparency: Consider an attorney who can explain clearly how much you are paying for, because you do not want an attorney who can surprise you with hidden costs in the middle of the case.
- Comfort Level: Trust your gut feeling after the first meeting; you need a lawyer who genuinely cares for your future. You are opening up to this person, so you need to feel that they are genuinely on your side and willing to fight for you.
Probation Violation Lawyer Costs
It is natural to wonder what the costs will be for hiring the best criminal defense lawyers for probation violation. Well, the costs will vary depending on the complexity of your case. Here is a general overview:
| Cost Factor | Description | Typical Cost Range (USD) |
| Flat Fee | One fixed price for handling the entire probation violation case. | $1,000 – $5,000+ |
| Hourly Rate | Charged per hour depending on the lawyer’s experience and case complexity. | $150 – $500 per hour |
| Retainer Fee | Upfront deposit paid to secure legal representation. | $500 – $3,000 |
| Misdemeanor Violation | Usually less complex and requires fewer court appearances. | $1,000 – $2,500 |
| Felony Violation | More complex cases involving higher penalties and longer preparation time. | $2,500 – $7,500+ |
| Court Filing Fees | Administrative and court-related expenses. | $50 – $400 |
| Expert Witness Fees | Costs for specialists or expert testimony if required. | $500 – $2,000+ |
| Travel Expenses | Costs incurred if the attorney must travel for hearings or investigations. | Varies |
| Investigation Costs | Fees for private investigators or evidence collection if needed. | $300 – $1,500+ |
Most Common Violations of Probation
Knowing what commonly causes people to stumble can often keep you from stumbling in the first place. Most people require the best criminal defense lawyers for probation violation because of these common mistakes:
- Technical Violations: This refers to non-criminal infractions such as missing a curfew or failing to notify your probation officer of a change in your home address. However, a string of these types of infractions can often lead a judge to believe that you are not capable of following the law.
- Substance Abuse: Failing a drug test is a common reason why people require a defense attorney for a probation violation. This is because a judge will often believe that you are a menace to society and will therefore require you to serve time in jail.
- Restitution: Not paying back the money you owe to your victims is often a sign to a judge that you do not regret your crimes and are therefore not worthy of probation.
- Association: Getting caught with known felons or people a judge has instructed you to stay away from is a common reason why people require a criminal defense lawyers for a probation violation.
- Substantive Violations: This refers to a situation where you are accused of committing a new crime during your probation period. This is the worst type of violation because you will essentially be fighting a new crime in addition to the violation.
Conclusion
A probation violation can be a scary crossroad in life, but it does not have to mean the end of the line for you. As you can see, having the best criminal defense lawyers for probation violation can mean the difference between life and death. The attorney will not only speak for you in court but also narrate your story in a manner that convinces the court that you are deserving of another chance in life. Whether you made a mistake or there was just a misunderstanding, having an attorney in your corner can make all the difference in the world.
In addition, doing something about the problem before the authorities issue a warrant is the smartest thing you can do. It shows the court that you are responsible enough to rectify the problem before things get out of hand. In fact, having the best attorney can get you out of jail time altogether and increase the community service hours you owe or even extend your probation period. However, you need to be diligent enough to comply with all the terms of the court while your case is being sorted out.
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FAQs
1. Can I go to jail for a first-time probation violation?
Yes, you can go to jail even for a first-time violation if the court thinks that you are not taking the court’s orders seriously enough.
2. Do I have a right to a jury trial if I am charged with a violation?
No. Probation hearings are decided by a judge only. The “beyond a shadow of a doubt” standard is not applicable in this case.
3. Will my probation be reinstated if I am found to have violated it?
Yes. The judge can reinstate your probation and require you to start your probationary sentence over from day one. In other words, it adds time to your probationary sentence.
4. What is the difference between a technical and a substantive violation?
A technical violation occurs when you break one of the rules. A substantive violation occurs when you commit a crime.
5. Can my lawyer get my violation dismissed?
Yes, the best criminal defense lawyers for a probation violation can negotiate with the prosecutor or convince the judge that the violation was not intentional. They can also show evidence of how you have been a model citizen.
6. Do I have to see my probation officer while my violation is pending?
Yes, you have to continue with your rules and requirements until your judge changes your status. Stopping your check-ins will only hurt your legal situation.
