Probation Violation and Revocation Hearings

Probation Violation and Revocation Hearings

Probation allows a person to serve all or part of a sentence under supervision in the community rather than in jail or prison. The length and conditions of probation depend on the offense, the sentence imposed, and the requirements ordered by the court.

Conditions of probation may include:

• Reporting to a probation officer
• Random drug or alcohol testing
• Substance-abuse treatment
• Community service
• Payment of fines, fees, and court costs
• Restitution to a victim
• Maintaining employment
• Home incarceration or electronic monitoring
• Restrictions on travel, contact, firearms, or certain locations
• Compliance with any other conditions imposed by the court

Louisiana law permits courts to impose conditions reasonably related to rehabilitation, including reporting requirements, employment obligations, restitution, and restrictions on firearm possession.

What Is a Probation Violation Hearing?

A probation violation hearing is held when a probation officer or prosecutor alleges that a person violated, or was about to violate, a condition of probation.

An alleged violation may involve:

• A new arrest or criminal charge
• A positive drug or alcohol test
• Failure to report to a probation officer
• Failure to complete treatment or community service
• Failure to pay restitution or other court-ordered financial obligations
• Leaving the jurisdiction without permission
• Possessing a firearm or prohibited item
• Violating a stay-away or no-contact order
• Failure to comply with home-incarceration or electronic-monitoring requirements

The court may issue a warrant for the person’s arrest or a summons ordering the person to appear and answer the alleged violation. In certain circumstances, a probation officer may authorize an arrest without first obtaining a warrant.

What Can Happen at the Hearing?

If the court finds that a person violated a condition of probation, revocation is not the only possible result.

Depending on the facts and the applicable law, the court may:

• Reprimand and warn the person
• Increase the level of supervision
• Add new conditions of probation
• Order participation in treatment or another program
• Impose other authorized sanctions
• Extend probation when permitted by law
• Revoke probation and order the person to serve all or part of the suspended sentence

The possible outcome may depend on whether the allegation is a technical violation, a new criminal offense, or a repeated failure to comply with prior warnings or sanctions. Louisiana law specifically authorizes several alternatives to immediate revocation.

Why Legal Representation Matters

A probation violation can expose a person to incarceration and other serious consequences. It is important to begin preparing before the hearing rather than waiting until the person appears in court.

An experienced defense attorney may be able to:

• Review the alleged violations and supporting evidence
• Determine whether the probation conditions were clearly imposed
• Challenge inaccurate drug-test results or reporting records
• Present proof of employment, treatment, housing, or family responsibilities
• Explain circumstances that prevented compliance
• Demonstrate efforts made to correct the problem
• Propose treatment, intensified supervision, or another alternative to revocation
• Advocate for continued probation rather than incarceration

The court may be more receptive to an alternative when the defense presents a specific and realistic plan addressing the alleged violation.

Representation at Probation Hearings in Jefferson Parish

At Marino & Ehle, LLC, attorneys Joseph A. Marino III and Davidson S. Ehle III have represented hundreds of clients in probation violation and revocation proceedings.

We review the allegations, explain the possible consequences, and work with the client to develop a plan designed to address the court’s concerns and avoid revocation when possible.

That plan may include treatment, employment verification, payment arrangements, community service, increased reporting, residential programs, or other conditions appropriate to the circumstances.

Contact a Jefferson Parish Probation Violation Lawyer

If you have been accused of violating probation, do not ignore a summons, warrant, or notice from your probation officer.

Early preparation may improve the opportunity to correct the alleged violation, present favorable information, and seek an alternative to incarceration.

Contact Marino & Ehle, LLC to discuss your options before the probation violation hearing.