Baton Rouge Probation Violation Lawyer
Practice Areas
The Baton Rouge probation violation lawyer group at the Law Offices of Ossie Brown understands the serious consequences when individuals violate probation. Whether convicted of a misdemeanor or felony, probation violations can result in fines, an extended probation sentence, or even jail time. Our probation violation attorneys in Baton Rouge are here to help defend your rights, especially if new crimes are involved. Our experienced attorney team will guide you through the legal process, working to show the court that you deserve a second chance. With our Baton Rouge criminal defense attorneys by your side, you can receive the legal representation needed to present a strong defense before the judge. Our probation violation lawyers in Baton Rouge offer a free consultation to review your legal issue and discuss your options.
If you’ve violated your probation, call 225-343-1111 to schedule a free consultation with a Baton Rouge probation violation lawyer at our law office.
What is a Probation Violation in Louisiana?
An offender failing to meet conditions set by a judge or committing a new offense while on probation constitutes a probation violation. Probation violations can lead to consequences like stricter terms or revocation, which can result in jail time, as per La. R.S. § 15:571.46.
If you’ve violated your probation, you’ll need swift and aggressive representation. Contact our Baton Rouge probation violation attorneys for a free consultation.
Types of Probation Violations in Baton Rouge, LA
In Louisiana, a probation violation falls into two main categories: a substantive or technical violation.
If you’ve been accused of a technical or substantive violation, our Baton Rouge probation violation lawyers can provide strong defense strategies. An attorney for probation can provide legal counsel to help minimize the impact during the revocation hearing.
If you are unsure about which type of probation violation you have been accused of, our Baton Rouge probation violation lawyers can evaluate your situation and help you understand the nature of the accusations against you.
Technical Violation of Probation
A technical violation occurs when an offender fails to comply with the conditions of probation, such as the offender missing a meeting with a probation officer, the offender missing court-ordered class, the offender not paying fines or restitution, or the offender not completing community service hours. These probation violations don’t involve new criminal activity but can still lead to a revocation hearing where the judge decides the consequences.
If you believe you’ve committed a technical violation, contact a Baton Rouge probation violation lawyer at our law firm for a free consultation.
Substantive Violation of Probation
A substantive violation occurs when the offender commits a new crime, whether a felony or misdemeanor, during the probation period. This is considered a much more serious violation of probation and can lead to immediate revocation, potential jail or prison time, and other legal consequences. At a probation violation hearing or revocation hearing, the court will examine whether the defendant was in violation of probation, and the consequences may vary based on the severity of the crime.
A substantive violation can have serious consequences and require aggressive representation. Contact our Baton Rouge probation violation lawyers for a free consultation to discuss your case.
What Happens if You Violate Probation in Louisiana?
If you violate probation in Louisiana, there can be serious consequences depending on the nature of the offense. For a first probation violation, penalties may include increased restrictions, community service, or fines. In more severe cases, such as committing a new criminal offense, the judge may rekove the probation, leading to jail time. The appropriate punishment is decided during a revocation hearing, where the court determines the outcome.
If you’re in violation of probation, you need an attorney for a probation violation. Call our Baton Rouge probation violation lawyers for a free consultation.
Penalties for Technical Violations
In Louisiana, penalties for technical violations include jail or prison, substance abuse treatment, community service, house arrest, electronic surveillance (usually via an ankle monitor), restitution, work release, day reporting, or other local sanctions.
According to La. CCRP 899.1, the court will implement an appropriate punishment based on:
- the violation’s severity
- whether it’s a first probation violation or subsequent violation
- the severity of the underlying criminal sentence
- prior criminal history
- any special circumstances
- public safety
- deterrence from future violations
- availability of local sanctions (such as available cells, available spots in treatment facilities, etc.).
A technical violation will usually not result in full revocation. However, the judge may order the offender to go to jail (10 days per violation, but no more than 60 days total per year) or other punishments.
Our probation violation lawyers in Baton Rouge, LA, can help you understand your legal rights and potential outcomes for your alleged violation.
Penalties for Substantive Violations
Substantive violations, which involve committing new crimes while on probation, are treated more seriously and have a higher likelihood of jail time. Penalties often include revocation, leading to the reinstatement of the original sentence or additional jail or prison time for the new offense. The court may also impose additional penalties depending on the nature of the new criminal sentence and the individual’s criminal history.
If you’re worried that substantive probation violations put you at risk, contact our Baton Rouge probation violation lawyers for a free consultation to discuss potential defense strategies.
What is Probation Revocation in Louisiana?
If you are found guilty of violating the terms of your probation, then your probation sentence may be revoked entirely. If revocation occurs, you will no longer be allowed to serve your sentence in the community under supervision. Instead, you will likely be required to serve the remainder of your original sentence in jail or prison.
What Usually Happens at a Probation Revocation Hearing in Louisiana?
At a revocation hearing in Louisiana, the court determines whether a defendant committed a probation violation that was severe enough to warrant a revocation. The prosecution must prove the probation violation without the need for reasonable doubt, unlike in a criminal trial. At the revocation hearing, the court allows both the state and the defendant (the parolee) to present evidence, examine witnesses, and give oral testimony in front of a judge. A revocation may result in penalties, including an extended probation period, fines, or a jail or prison sentence. Felony and misdemeanor cases are both considered, and aggressive representation from probation violation lawyers can be crucial in minimizing the consequences of violating probation.
What to Expect at a Probation Violation Hearing in Baton Rouge
At a probation violation hearing, the court will review the details of your case to determine whether you violated your probation’s terms. Before these hearings are conducted, hearing officers must evaluate any suspected parole violations and determine if there is probable cause to pursue legal action against the parolee. If they find probable cause, a preliminary hearing will take place.
Here, you and your Baton Rouge probation violation attorney will have the opportunity to challenge the state’s claims, present evidence, and explain any extenuating circumstances that may have contributed to the criminal offense. These hearings are typically less formal than a full trial, but they can lead to serious consequences and can set a precedent for any future revocation hearings.
Having an experienced probation violation attorney for a probation violation hearing can make a world of difference in your case. Criminal defense attorneys with experience in these specific criminal proceedings will be able to advocate for reduced penalties or alternative solutions, like rehabilitation programs, to help you avoid jail or prison time.
Contact our Baton Rouge probation violation lawyer group for a free consultation.
How Our Baton Rouge Probation Violation Lawyers Can Help
Our Baton Rouge probation violation lawyers help protect clients’ legal rights and navigate the complexities of probation violations. Whether you’re a defendant facing a technical violation or have been accused of a new crime, our experienced attorneys can provide experienced legal guidance and representation.
Many defendants rely on a public defender for probation violation defense. However, hiring a private criminal defense attorney, like a probation violation attorney from the Law Offices of Ossie Brown, can offer the alleged offender a more personalized approach.
Our Baton Rouge probation violation lawyers are more available to investigate the alleged violation and provide aggressive representation to help minimize the potential penalties you face. We’ll stand by your side in revocation hearings, negotiate on your behalf, and advocate for alternative solutions to revocation.
Juvenile Probation Defense in Baton Rouge
If you or your child has violated the terms of juvenile probation, our Baton Rouge juvenile probation violation attorneys can guide you through the legal process and provide experienced legal support. Our probation violation lawyers understand that young individuals make mistakes, and we are committed to minimizing the impact of these violations.
Our Baton Rouge juvenile defense attorneys will thoroughly review the case, work to prevent harsh penalties, like detention or extended probation, and advocate for alternative solutions that focus on helping the individual get back on track.
Louisiana Probation Violation FAQs
What to Tell Your Probation Officer When You Fail a Drug Test in Louisiana?
If you fail a drug test while on probation in Louisiana, it’s important to be honest with your probation officer. Being upfront and showing a commitment to addressing the issue may encourage the officer to give you a second chance or even recommend alternatives to harsher penalties, such as increased supervision or counseling, instead of revocation.
What Can a Probation Officer Not Do in Louisiana?
Probation officers in Louisiana cannot punish you for violating your probation or order revocation. They can only arrest you if they know or suspect you’ve violated your probation or if you’ve threatened to violate probation. Probation officers also cannot impose new penalties or conditions; that’s up for the court to decide. They also cannot violate your constitutional rights, such as conducting unreasonable searches without proper cause or outside the boundaries set by the court.
How Long Can You Go to Jail for Failing a Drug Test on Probation?
In Louisiana, if you fail a drug test while on probation, you may be sentenced to up to 10 days of jail time for each violation, with a maximum of 60 days per year.
How Long Does it Take to Transfer Probation to Another State?
Transferring probation to another state typically takes several weeks to a few months, depending on the complexity of the case and the coordination between the two states.
How Long Does a Probation Officer Have to Violate You?
In Louisiana, probation officers generally have until the end of your probation period to file violations against you.
Experienced Probation Violation Attorney in Baton Rouge, LA
If you’ve been accused of violating your probation, our skilled Baton Rouge probation violation attorneys can help. We are committed to providing personalized legal counsel tailored to each client’s specific case. Our team of probation violation lawyers will review the details of your situation, represent you in court hearings, and seek to minimize the potential consequences you face in order to preserve your freedom and future.
Call our law office at 225-343-1111 or reach out to us online to schedule a free consultation with a probation violation lawyer in Baton Rouge, LA.
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