Probation Violations Attorney in Prince William County, Virginia
What defenses might be available to mitigate or dismiss a probation violation?
What defenses might be available to mitigate or dismiss a probation violation?
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just to understand what happens when
you’re violated for probation you have a
felony charge you have time hanging over
your head and now you’re being
supervised by probation and they are
supervising you and you have to comply
with everything they tell you to do or
else they’re going to send you back in
front of the judge to try to put you in
jail and what has happened recently what
I
found in a very interesting case is that
probation are not the probation officers
are way overworked they have 900 800
cases unbelievable numbers of people
that they are supervising and they are
not necessarily taking the best notes
they are uh overworked they are not
paying attention to people’s cases
sometimes um they the probation officer
being overworked will leave the
department
um because you know they’re not they are
not being appreciated and they’re
working too hard and so you end up with
this client I ended up with this client
who um really got an unfair violation uh
sent to the court for absconding meaning
that he didn’t appear with the probation
officer and he was not able to be found
so we subpoena the probation officer to
come to his violation instead of just
rubber stamping yep you’re you’re you
did it you’re let’s beg the judge for
less time right we actually put on a
trial and I cross-examined this
probation officer who um we actually had
recordings of him saying that he was
going to take notes and that he
understood where he was and he
understood why he wasn’t coming to the
office and that they were going to
continue to work with him and get him to
a better jurisdiction that was more
appropriate for his case
and he got on the stand and he said Noe
didn’t do it didn’t do
it handed him the recording made him
listen to it he’s like well I have 900
cases what can you expect from me and my
client served a little bit of jail time
for part of the
violation but saved him about a year and
a half on the absconding I think that
when it comes to probation violations
attorneys make a mistake of just
believing the probation officer because
they don’t want to look at what their
client actually tells them what they’re
what they do is they just look at the
report and go you’re in trouble um let’s
beg to the judge for the least amount of
time but sometimes clients really have a
story to tell and I am here to listen
and try to uncover the truth when I can
so there are things that can be done for
probation violation besides just begging
a judge
Contact Nicole H. Naum
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Manassas, VA criminal defense attorney Nicole Naum talks about the defenses that might be available to mitigate or dismiss a probation violation.
