Probation is a correctional method where convicted offenders are supervised in the community instead of under incarceration, or after a period of imprisonment has been served. Sometimes judges and provincial courts use their discretion and view probation as a suspended judgment in certain cases and provide a second chance for first offenders. In other cases, probation is also recommended at the end of a jail term if the court feels as though the offender’s rehabilitation would be accelerated in the community instead of under imprisonment.
As a sentencing option, probation is available to a judge when an offender has committed certain categories of crimes. The judge may recommend that the criminal offender make restitution to the victim or perform some type of community service as part of his or her punishment. The judge may also determine that the offender be required to attend treatment for alcohol or drug problems or to accept counseling on mental health concerns or social skills.
If you are on probation or community control, the probation officer may accuse you of violating your probation. If a violation of probation occurs, there may be a warrant filed for your arrest or you may be called back to appear in court for a probation violation hearing. Because violations of probation can carry heavy penalties in Alberta, a Criminal Defence Lawyer can help you understand the probation violation and what your options are in the provincial courts.
The criminal defence team at Haryett & Co. is prepared to plead your case if you or someone you know is being accused of a dui probation violation, juvenile probation violation or any indictable/felony probation violation. There are many reasons that a probation officer can accuse a convicted offender of violating the terms of his or her probation. It may be that an offender broke a “technical” probation term or condition, or that the offender violated probation by committing a new crime. In some cases, a probation officer can accuse an offender of both. A few examples of “technical” violations can include changing one’s residence without prior approval, failing to pay fines or restitution, or failing to report for regularly scheduled counseling sessions or visits with a probation officer. Our probation violation defence lawyers at Haryett & Co., understand that life gets in the way sometimes and a simple parole violation does not mean that you are not on your way to rehabilitation.
If it is your first violation of probation and you are accused of a “technical” violation, your probation officer may choose to warn you instead of filing an arrest warrant. However, Alberta probation officers do have the authority to file an arrest warrant if they feel you have been irresponsible in violation your parole.
If you feel as though your actions may lead to an affadavit for your arrest, contact a lawyer a Haryett and Co. so we can help you plan your next move. When a warrant is issued for your arrest, it may include an amount of money that can be paid for your release called a probation violation bond. On summary/misdemeanor warrants, a bond amount is usually listed immediately. However, in indictable/felony warrants, you are arrested and booked; at which point you wait in jail until the judge decides whether or not to set a bond for your release.
A lawyer can be very valuable to you through this stressful time. In the case where a probation violation bond has been set, a lawyer can help arrange your surrender to the jail. And when there is no bond, in the case of an indictable/felony probation violation, your lawyer can help arrange your surrender to the court, and ask the court to set a bond for your release. And once you have decided to surrender, a lawyer can also work to keep law enforcement from actively seeking you on the warrant.
Whether you have violated the terms of your probation on a technicality or by committing a new crime, you need a criminal defence team that can help you plan your next move and help communicate with the court for your best interests. The probation violation lawyers at Haryett and Co. can help you keep the damages to a minimum. This could mean the difference between staying free or serving significant jail time. Contact our lawyers immediately.
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