Trusted Albuquerque, NM Probation Violations Defense Attorney
Attorneys Fighting Probation Violation Charges with Experience and Expertise
Probation is often offered as a compromise to first-time offenders and others who a court feels would best be served by probation rather than serving time. Probation allows you to skip out on any potential jail or prison time in exchange for weekly or monthly reporting and evident signs of rehabilitation. Probation seems quite lenient when offered to offenders, although many unfortunately do not abide by its rules and restrictions, seemingly not phased by any penalties. However, this is a tragic mistake as any violation of your probation can result in heightened, severe penalties. If you have been charged with probation violation, consult an experienced Albuquerque probation violations lawyer who can devise a strategy to ensure you do not receive heightened penalties.
Probation Violation in New Mexico
Probation is given as an alternative form of sentencing to defendants who appear as though they can amend their ways, or complete rehabilitation. When a judge agrees to probation as a means of punishment, the judge also assigns a probation officer to you, who is in charge of ensuring you abide by the terms of your probation. You will have to regularly meet with this person to ensure you are meeting the terms of your probation. If you miss these meetings you can be liable for a probation violation, which is often the leading cause of probation violations.
Probation violation can occur not only if you violate the terms of your probation, but additionally if any of the following occur:
- You are arrested for a new offense
- You fail a drug test
- You are convicted of a new offense
- You fail to pay court fees
- You fail to participate in court-ordered rehabilitation programs such as community service or substance abuse centers
- You leave the city without court permission
- You violate any curfews currently in place
Probation is essentially a “get out of jail free” card that the judge gives you in exchange for serving time in jail or prison. You work hard to ensure that you do not suffer the consequences by abiding by your probation rules, but sometimes things happen which are out of your control. An experienced Albuquerque criminal defense lawyer will be able to analyze your case to determine whether you have a compelling argument for your probation violation.
Consequences of Probation Violation
If you violate the terms of your probation, you often face jail time, drug tests, additional probation, or an additional charge in your sentencing. You do not want to face these types of charges over something small that you did not comply with, so it is worthwhile to consult an experienced probation violation lawyer if you find yourself in a situation that involves probation violation.
Frequently Asked Questions (FAQs)
Can my constitutional rights be restricted at a probation hearing?
Yes, you do lose many of the constitutional rights you would enjoy if you were not on probation. You don’t necessarily have the right to face witnesses against you, such as your probation officer, for example.
Can I escape the revocation of my probation by leaving the state until my probation period is over?
No, you can’t. If you are apprehended, your probation can still be revoked even though the probation period has already expired, and you can be incarcerated as a result.
Are the terms of probation different for a DWI conviction?
Yes. Normally, if you successfully completed, say, six months of a one-year probation before your probation was revoked, you would receive credit for six months “time served.” If you are on probation for DWI, however, you will receive no such credit and you might have to serve the entire year of incarceration.
I am from out of state. Can I complete my probation in my home state?
That can probably be arranged, but it will take a court order to do it. In any case, you will need to go through the ordinary New Mexico criminal process in New Mexico, and work things out with the New Mexico Corrections Department.
Are juvenile probation violations handled differently than adult probation violations?
A juvenile is more likely than an adult to be sentenced to probation, rather than incarceration in the first place. Once a probation violation occurs, courts tend to treat juvenile probation violations more leniently. They are more reluctant to incarcerate a juvenile, and periods of incarceration tend to be shorter. Repeated violations, however, could result in harsher treatment.
What are the consequences of failing to meet the deadline for appealing a probation violation?
In most cases, you will be out of luck and you will have to live with the results of the original probation hearing, even if it means incarceration. If your failure to meet the deadline was your lawyer’s fault, however, you might be able to assert an “ineffective assistance of counsel” defense. I can help you if you are in that situation.
What is Pre-Prosecution Probation?
The Pre-Prosecution Probation Program is designed to benefit felony offenders:
- with no prior criminal record
- whose offenses are non-violent and did not involve drug trafficking; and
- who admit guilt.
If you are accepted into the program, you will be placed on probation for one or two years, and if you successfully complete probation, charges will be dropped and you will have no criminal conviction on your record.
How are my Fourth Amendment rights affected by probation?
The Fourth Amendment protects you against unreasonable search and seizure. Your Fourth Amendment rights will be greatly curtailed, but they will not be completely eliminated. Your probation officer or the police, for example, can search your home without a warrant – all they need is “reasonable suspicion” rather than “probable cause.”
If I am convicted of a probation violation, are there any alternatives to incarceration for the rest of my sentence?
Yes. Some of them are:
- adding time to your probation period;
- adding additional fines;
- requiring you to attend a treatment program. or
- ordering you incarcerated for a length of time shorter than your original sentence.
Other options are available as well.
Legal Consultation Probation Violation Defense Lawyer
If you have violated the terms of your probation, it is important to contact an experienced criminal defense attorney as soon as possible. Probation violations often have severe repercussions and the faster we can begin dealing with them, the better the outcome will be. Our attorneys have 22 years of collective experience handling criminal defense cases, including probation violations and know how to effectively negotiate with the judge and prosecutor after your violation occurs. Call us today at 505-200-2982!