Nashua Probation Violation Attorneys
We all make mistakes. Probation in New Hampshire can last multiple years – up to 2 for misdemeanors and 5 for felonies. With such long periods, slipping up and violating probation is easier than it might seem. Remember – a period of probation is strict, it is intended to be punishment for a crime you were found or plead guilty to. Let’s recap some of the more common restrictions face while on probation:
- Meetings with your probation officer at regular intervals as directed.
- Remain free of alcohol and drugs – with routine urine tests to ensure compliance.
- Immediately report contacts with law enforcement to your probation officer.
- Get permission before changing jobs, moving, or traveling to another state.
- Other requirements as determined at sentencing.
- Restrictions placed on who you can spend time with. For example, your probation officer might prevent you from associated with people with criminal records.
- Probation officers can also search your home without permission or a warrant while you’re on probation.
So just one small mistake and you could be facing a serious probation violation offense.
What Happens if I’m Charged with Violating Probation?
The most likely thing that will happen after a probation violation charge is an arrest. If you are not showing up to meetings with your probation officer, a warrant will be issued. The next time you encounter police you will be arrested. An officer may even been sent to your home or work to make the arrest. If you are attending regular meetings and violate probation, you may be arrested at your meeting. Either way, you’ll go to jail awaiting either bail or your probation violation hearing. If you don’t have someone who can help you out with bail, you may be stuck in jail until your violation hearing.
Probation Violation Hearing
A probation violation hearing is not exactly the same as a trial, though you do still maintain several basic rights. During the hearing, the burden of proof still lies with the State. They must prove that you violated your probation, and you have the right to see the evidence being used against you. In addition, you can be heard, call witnesses, and cross-examine adverse witnesses. Of course all of this is much easier if you have an expert criminal defense attorney representing you.
What are the Consequences of a Probation Violation?
Now comes the scary part. Violating your probation could mean that you end up in jail or prison. After all, probation is typically sentenced in lieu of jail time, and in some instances, the probation may have come with a suspended prison sentence. For example, you may have been sentenced to 2 years in jail, with the time suspended. You were then placed on probation instead. The Court could very well decide to enforce the original sentence.
What Should I Do if Charged with a Probation Violation?
The first thing you should do if you are arrested for a probation violation is get in touch with an experienced criminal defense attorney. Your best bet for staying out of jail and getting the best resolution possible comes with a lawyer. The Gottesman & Hollis team is here to help. We will provide you with the best options and a vigorous legal defense. Call today at (603)889-5959.
If you’ve been charged with a crime in Nashua or anywhere in New Hampshire, Gottesman & Hollis can help. Whether your charge is listed above or not, contact us for a free consultation. We can be reached by phone at (603) 889-5959, or by contacting us through our website.