Probation Violation

October 21, 2009 by Maricopa County Court  
Filed under Criminal Court, Probation

By Joseph Devine –

When an individual is convicted of a crime, the punishment levied typically ranges from incarceration, deferred adjudication, or placement on a probation program.  Probation is commonly assigned to individuals who have little or no previous criminal history, or for crimes that the judge warrants to be minor enough to allow the individual to remain free, with certain restrictions.

It is important that individuals placed on probation closely follow the directions of the court if they wish to stay out of prison. If an individual violates even one condition of his or her probation, their probation officer may request a hearing for revocation of probation, which may ultimately result in incarceration.

Common Terms of Probation

Individuals who have been convicted of a crime may be placed on a probation program by the court. Terms of probation often include:

•    The individual must not be arrested or accused of any crime for the duration of the probation. Even minor infractions may be cause for a revocation hearing

•    Assignment to a probation officer, to whom the individual must report on a regular (typically monthly) basis

•    Mandatory drug and alcohol testing on a regular basis. Failure to submit to testing or a failed test result may result in a revocation hearing

•    Restrictions on travel from the state and county of the arrest.

•    Mandatory curfews

•    Restrictions against participating in certain activities and visiting certain areas

•    Assignment of an electronic monitoring device

•    Home arrest

•    Assignment to specific vocations

Although the terms of probation may seem to unfairly limit certain individual freedoms, it is important to note that the alternative is often incarceration, which would be a much stronger imposition on an individual’s daily life.  Terms of probation are often set to help the individual stay away from the kind of situations that landed them in trouble in the first place.

It is important to keep your probation record in good standing in order to successfully complete the program. Missing meetings, failing to submit to drug and alcohol testing, and failing to follow the rules set by the court may result in a revocation hearing. Revocation hearings commonly result in incarceration of the individual or stricter terms set for the duration of the probation period.

If you would like more information regarding probation violation and the law, visit the website of the Milwaukee criminal defense attorneys of Kohler & Hart, LLP.

Joseph Devine

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Is DWI Probation Supervision Worse Than Prison?

October 20, 2009 by Maricopa County Court  
Filed under DUI, DUI Court, Probation

By Lawrence Newman –

My job is to protect my clients. Avoiding a term of probation supervision is part of that protection. I do recognize the value of the probation department, and when it is appropriate, their services can be invaluable.

For younger people whose parents can not control them (the out of control teens) NYS has a PINS Program (Person In Need of Supervision) and pre-PINS probation program. These forms of probation are where the child reports to a probation officer who provides the child with resources, supervision, and direction (psychological counseling, drug counseling, job counseling, school counseling). I do feel that probation is a good thing for some adults as well. As an alternative to incarceration, probation supervision allows them to remain gainfully employed and get counseling for their drug/alcohol issues. Tompkins County also has a Felony Drug Court Program which is probation based, and more intense in it’s rehabilitative goals.

Where I have an issue with probation is where it is recommended or the prosecution wishes to apply it to those adults who do not have drug and/or alcohol dependence issues. Some of these people would not benefit from Court Ordered Probation Supervision. I feel in some respects it is a punishment worse than a short jail sentence.

Recently I was in Court, and was watching an attorney and his client go through a plea and sentencing for a DWI. I observed the judge tell the attorney that because of Probation his client could not now get a condtional license at the DMV. The attorney had a look of shock. What he did not know, and what he failed to tell his surprised client was that once the probation department is involved (You are ON Probation or IN Probation) they decide when and if you get your license back. Not the Court and Not the DMV.

Some of the “terms and conditions” of a three year or five year probation:

1. Report to a Probation Officer or have the Probation Officer make surprise (unannounced) visits to your home or elsewhere (perhaps your job).

2. Remain within the Jurisdiction of the Court unless granted permission to leave (No random visits to relatives or friends or potential job opportunities in other states).

3. Be available for questions from your probation officer.

4. You must receive permission (prior consent) from your Probation Officer before you move, change your job, or remain away from home past 12:00am.

5. Refrain from disreputable people or places.

6. Abstain from the use of all drugs (except by prescription), as well as the use of any intoxicating beverages (alcohol).

7. Stay away from all places where (intoxicating beverages) they are sold or served for on-premises consumption.

8. You must submit at any time without notice and without a search warrant to a search of your person, residence, vehicle, or other personal property, leased and/or owned that is not your residence and any area under your immediate control and permit seizure of any contraband.

9. You must be granted permission to obtain any type of driving privilege or license whether conditional or unconditional.

10. You may have to place an ignition interlock device on your car, and at your expense as required by the Probation department.

11. You have to submit upon request with or without prior notice to any appropriate test including breath, blood, urine or saliva for the purpose of determining the alcohol and/or drug content.

12. Undergo an evaluation for alcohol and/or substance abuse and follow through with any treatment and/or counseling recommended, including inpatient and/or aftercare treatment, and shall undergo said treatment for as long as required, all at your expense.

13. Attend and actively participate in and successfully complete counseling/treatment/educational programming/self help group as designated by Probation.

14. Not drive a car without permission of Probation. Must inform Probation of all cars owned or operated and their plate numbers.

15. Work faithfully at a suitable employment or pursue a course of study or vocational training that can lead to suitable employment. You can not quit or change employment without permission by Probation.

16. You are not allowed to own, use, or possess any guns, rifles, shotguns, stun guns, taiser, swords, ballistic knives, gravity knives, weapons, etc.

As to true understanding of the application of the Probation Department’s terms. I have had clients have to decline better employment in neighboring states. I have had client’s have to submit to liver enzyme blood screens with Probation seeking to discover weekend drug use.

In some counties, it is well known that their Probation Departments do not give permission to have a driver’s license for years. So some things can truly be worse than three or four months in prison.

Larry Newman, Ithaca DWI Lawyer http://www.ithacadwi.com http://ithacadwi.blogspot.com

607-229-5184

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Getting a Speeding Ticket While on Probation – Learn How to Avoid This Mistake at All Costs!

By John Oleander

If you have just served some time in jail and you are on probation, you are dictated not to commit any other felony for a certain period of tie. You are also going to be monitored by a probation officer (PO). Now, what if you got pulled over the highway for some traffic violation? You may be wondering now, “Is getting speeding ticket while on probation going to hurt my case?”

Not if you clocked just a few numbers up the speed limit… Unless you get charged with stronger cases like Driving while Intoxicated (DWI), Driving under Influence (DUI), hit & run accident, or felonies like drug possession, weapons possession, manslaughter, or robbery – you have nothing much to worry about. A traffic citation couldn’t hurt you unless there are special rules about it in the state where you are.

Although getting speeding ticket while on probation cannot really add salt to your existing injury, it is absolutely recommended that you inform your probation officer about this. This officer should always be aware of your moves and your status in the society while under probation.

It could really make you feel so much anxiety getting speeding ticket while on probation but you shouldn’t. Talk to your probation officer about the citation and ask how this could affect you. If he tells you that there’s nothing to worry about – then you have nothing to worry about.

Should you find it a little difficult to approach your PO, you can use the Internet to search for information about so many things related to probation and a speeding ticket. You will find out that in most states, a speeding ticket cannot really harm your extended rehabilitation under federal observation.

If you can help it, be extra careful about the moves you make while on probation. You may want to refrain from speeding so you won’t be caught in the legal tangle again. You may want to stay on a low while you’re serving probation time.

Probation dictates that you cannot commit a crime or be arrested while seeing the process through. If you got really unlucky and you got pulled over by an officer, you may want to do what you can to avoid anything that will spark the officer up. If he takes you into custody then you will have a problem.

As mentioned, simply getting speeding ticket while on probation should not be something to worry much about. The case depends on the evaluation of the judge. A few MPH over the road limit cannot be all that bad for you.

Steering clear of any violations however small can be your best move while on probation. Be patient about so many things. Be extra aware of the laws wherever you are and be extra abiding. You are still under the rehabilitation system that has tried to straighten you out for sometime in jail. Do what you can to be a better citizen by avoiding citations. Avoid getting speeding ticket while on probation just to be sure.

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Understanding Probation and Parole

September 23, 2008 by Maricopa County Court  
Filed under Getting Out of Jail, Probation

By Joseph Devine

When you have been charged with some type of criminal offense, there are many types of punishments that you could receive for the many different crimes that you could have been charged with. For most felonies, there is usually jail time that goes along with most of these charges. For some people, they are required to serve a certain amount of jail time before they are allowed to be on either probation or parole. There are major differences between being on parole and being on probation.

Parole is defined as an early release from an incarceration because of good behavior while in the correctional facility. This basically means that if a person has been incarcerated for a certain amount of time and that person goes before the parole board of the jail facility. When the person goes before the parole board, they will evaluate that person on their behavior over the time that they have been in jail. If they have had good behavior and the board thinks that it is appropriate, they will let them on parole for the rest of their sentence. During the parole period, the person will be required to visit or speak with their parole officer on a daily basis. The person will also be required to take drug tests when parole officer feels it is necessary. There are also certain restrictions that you are not allowed to do while you are in your parole period.

Probation on the other hand is slightly different than parole in inst definition. Probation is defined as an alternative punishment for a judge to assign someone who has been charged with some sort of criminal charges and is awaiting a punishment. Basically if you are a first time offender or the judge thinks you have learned from your crime, they can choose to give you probation which is officially monitored time in the community. This means that you will have visits regularly by your probation officer. Unlike being on parole, if you are given probation, you will not officially serve any of your time in jail. All of the time on probation will be in your home doing your daily activities. You will also have appointments to meet with probation officer as well as drug tests on a regular basis. Like being on parole, there are many restrictions that will apply to being on probation as well. The restrictions will vary depending on what type of situation you are involved in. With both parole and probation, a violation of any one of the restrictions that they give you can lead your parole or probation being revoked and you will be put in jail for the remainder of your sentence.

For more information, contact the Appleton Criminal Defense Attorneys of Kohler & Hart at http://www.appletoncriminalattorneys.com

Joseph Devine

Article Source: http://EzineArticles.com/?expert=Joseph_Devine http://EzineArticles.com/?Understanding-Probation-and-Parole&id=1318513

Drugs: Prison Or Probation

September 23, 2008 by Maricopa County Court  
Filed under Probation

By Thomas Gallagher

Introduction

Many people have opposing views on how the drug problem should be tackled, with the epicentre of any debate focusing on two differing solutions to tackle the problem.  These two solutions consist of imposing a sanction such as prison, or tackling the problem from a different angle by offering probation to an offender coupled with drug treatment programs.  This article will assess to the effectiveness of the two systems.  Firstly, the drug crisis and its effects on society will be examined.  Following from this will be an assessment of each of the systems, focusing upon there effectiveness.  Finally, some alternatives will be advocated that depart from the present system.  After assessing all of the evidence available, the conclusion that will be reached is that if society is to curtail the exponential rise in drug abuse, a far more informative system must be implemented, before another generation is lost to drug abuse.

The Drug Conundrum

Drugs have been around in some form or another since 4000BC (Egyptians with wine and marijuana used for medicinal purposes in China).  Although drugs were widely used, it was not until the 19th century that the active substances in drugs were extracted and used as a lifestyle choice.

The addictive nature of drugs was immediately apparent, although there was a gradual recognition of this property with the passing of the first national drug law, the Pure Food and Drug Act of 1906. The destructive nature of alcohol in society led to the prohibition period in America.  Therefore, the drug problem has been around, and more importantly, been acknowledged for some time.

The experimentation period of the 1960’s had a profound effect on society.  The ethos was love, drugs, social ideological rebellion, more drugs, and then more drugs.  The administration was rocked to its very foundations, which culminated in far more draconian police force.  Whether proliferation in state interference was inevitable, a position advocated by Orwell, or whether it was a result of drug taking, one can only surmise. Nevertheless, the position is conclusive, drugs have had a significant effect on society.  How society has chosen to deal with this crisis will now be examined.

The Threat of Prison as a Deterrent for drug Use

For an addict, the threat of prison is about as effective as a chocolate teapot in the desert. It relies on the premise that the addiction is controllable.  Anybody who smokes or drinks coffee on a regular basis should be in a position to bear testament that the addictive nature of these two substances, once removed, can have severe effects on their day to day lives.  So, what about heroin or crack cocaine?

Heroin addiction and crack cocaine addiction are possibly two of the most severe drugs for creating dependency and also tolerance. As higher doses are used, over time, physical dependence and addiction develop. With physical dependence, the body has become used to the presence of the drug and withdrawal symptoms may occur if use is reduced or stopped.

The symptoms that a person going through withdrawal process  are cravings, restlessness, muscle and bone pain, insomnia, diarrhoea and vomiting, cold flashes with goose bumps (“cold turkey”), kicking movements, and other symptoms. Major withdrawal symptoms peak between 48 and 72 hours after the last dose and subside after about a week. Sudden withdrawal by heavily dependent users who are in poor health can prove to be fatal.  Prison cannot be an effective deterrent against such symptoms.

Effectiveness of Probation

Probation is a term that can have a multitude of meanings, and, may be imposed after a prison sentence, although for drug users, this is often too little too late.  The interpretation given in a dictionary is ‘the act of suspending the sentence of a person convicted of a criminal offence and granting that person provisional freedom on the promise of good behaviour’.  This provisional period can entail many things for a convicted drug user, with impositions such as involuntary drug programmes and drug testing.

Involuntary drug programmes can entail taking substitute drugs to wean a person off a specific drug, resulting in a lower dependency and a reduced level of tolerance.  The problems that can emanate form these programs consist of a lack of secondary support for drug users.  This can result in an individual being drawn back into a cyclic situation which ultimately results in that individual taking the very drugs that the substitute drug was supposed replace. Involuntary drug tests emanated from America and involve a person being requested to take a drug test within a specific period of time. If the person tests positive, then the suspended sentence is then imposed, these will often lead to a custodial sentence.

Whilst the two systems do have their own merits, it is possible to adduce from these two alternatives a far from satisfactory conclusion.  Both systems rely heavily on the circumstances that the drug user finds themselves in once the probation period has been imposed.  Those who have funded their habit through criminal activities will often have a criminal record, and thus will be unable to find employment.  They will often still exist in the very same peer groups where the original problems emanated, therefore, there must be a more viable solution to this drug quandary.

A Possible Alternative

The buzz word at this present moment in time is decriminalisation.  Decriminalisation, in its most severe form would involve a complete removal of all criminal sanctions that are currently imposed for drug use.  This would then remove drug users from the criminal process and would focus attention on treatment.  There is staunch opposition to this concept in some quarters as people believe that it would create an environment for experimentation and lead to an exponential rise in drug taking.  Advocates for decriminalisation point to alcohol as an example of a drug that, under correct supervision, can be controlled.

Conclusion

Any problem that involves an addiction will never be able to be tackled by easy solutions.  This article has, however, highlighted to difficulties that society faces if it wishes to address this problem in organised concerted fashion.  There is, however, a realisation that the draconian legislative measures, that have been, as of today, highly ineffective, being replaced with more suitable measures of tackling the drug issue. As a friend once said, ‘education, not incarceration’ is the only viable alternative.

Thomas Gallaggher
Llb John Moores University
LLM Liverpool Univeristy

If anyone is interested in this topic then please visit http://www.criminal-information-agency.com/drugs/ and http://www.criminal-information-agency.com/prison/ and http://www.criminal-information-agency.com/probation/

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DUI And Probation

September 11, 2008 by Maricopa County Court  
Filed under Probation

By Eddie Tobey

The criminal justice system has gradually shifted its focus from filling prisons to a more compassionate approach, namely rehabilitation. Thus, conditional probation has become an increasingly important aspect of sentencing. In general, the power to suspend a sentence and impose probation is statutorily created, and must, therefore, be exercised in accordance with the statute authorizing it. Depending upon the restrictive nature, some statutes permit the court sole discretion in setting certain conditions of probation, while others specifically restrict the judge to certain conditions.

The most restrictive statutes may require the imposition of certain conditions for certain offenses, require defendants to complete a minimum sentence before being eligible for probation, or simply prohibit granting probation entirely for offenses which prescribe punishment of a certain severity.

When probation is granted, some statutes explicitly authorize the imposition of certain conditions such as restitution, fines, recoupment and incarceration. These conditions have been upheld to deter further offenses and contribute to the defendant’s rehabilitation. Recoupment statutes have withstood arguments that they may operate to deter defendants from exercising their right to counsel, on account they are based on the ability of the defendant to pay. However, where revocation of probation occurs and the defendant is indigent or has made a good-faith effort to pay fines or the costs of rehabilitation programs, courts have held that revocation of the probation violates equal protection.

A Violation of Probation is generally initiated by your probation officer and may result in a warrant for your arrest. The warrant may block your ability to post bond. It is therefore important to consult with an attorney as soon as you learn that a warrant has been issued for your arrest. An attorney may be able to arrange for your surrender and obtain your release on your own recognizance (ROR), or a low bond.

In addition to the explicitly authorized conditions of probation, formulation and imposition of other conditions is often left to the sound discretion of the trial court. These conditions are generally limited only by the requirement that they be reasonably related to the defendant’s rehabilitation. Accordingly, trial courts should be viewed as having wide discretion in imposing these conditions. [http://www.e-sandiegoduilawyers.com]San Diego DUI Lawyers provides detailed information on San Diego Alcohol Treatment, San Diego Dui Laws, Driving Under The Influence, Dui And Fines and more. San Diego DUI Lawyers is affiliated with [http://www.e-CriminalDefense.com]White Collar Criminal Defense.

Article Source: http://EzineArticles.com/?expert=Eddie_Tobey http://EzineArticles.com/?DUI-And-Probation&id=232212

What Are Probation and Parole?

September 11, 2008 by Maricopa County Court  
Filed under Probation

By Joseph Devine

If you are convicted of a crime but do not seem to be at a high risk of making the same mistake again, the judge may be lenient and put you on probation instead of sending you to prison. Probation is a period of time during which you must live up to a certain standard of behavior. If you fail to meet this standard, you will be expected to serve your full sentence. It is up to the judge or probation officer to determine the length of your probation, the exact guidelines you are to follow and the length of time you will serve if your probation is revoked.

Parole is somewhat similar to probation, except that is it granted to people who have already served part of their prison sentence. When a judge hands down a sentence, it will specify the amount of time the convicted person must spend in prison before they are eligible for parole. For example, a sentence of “twenty years to life” means that the prisoner may apply for parole in twenty years; if it is never granted, they will spend the rest of their life in prison. Parole is offered to prisoners in exchange for exceptionally good behavior and other indications that they will probably not reoffend, such as lining up a permanent residence and employment outside of prison. This offer always comes with strings; once released from prison, a person is expected to follow certain guidelines. If they fail to do so, they can be sent back to prison for the remainder of their original sentence, plus additional time if they commit another crime while out of prison.

Common requirements for people offered one of these options are taking and passing regular drug tests, regular meetings with a probation or parole officer, maintaining employment, and staying within state lines. Additional requirements are sometimes listed, such as sticking to a curfew and not fraternizing with any other convicted criminals. It is up to the PO to decide which and how many guidelines a parolee or person on probation will have to follow. Generally, breaking the law is an automatic violation of the guidelines.

If a person violates one of these rules, they may receive a warning from their PO, or the officer may decide to revoke the person’s parole or probation. If the officer chooses the latter, the person is entitled to a legal hearing to determine if they are truly guilty.

For more information on these and related laws, contact [http://kohlerandhart.com/]Milwaukee probation and parole revocation lawyers Kohler & Hart.

Joseph Devine

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What’s The Differences Between Probation And Parole

By Robert Davis

A reader asked this good question and I’ll try to give you the facts between the two.

First, parole is only given to an individual that is serving time in a prison. If your original sentence is two years, it could be cut short. Say you served one year of your sentence with no behavior problems. Then you might go before the parole board and be eligible to serve your last year as a semi free person. The reason why I say semi free is because you must serve that free time crime free. If you commit a violation or crime, you’ll have to go back to prison and serve that last year, plus whatever sentence you received for the crime that put you back there!

Probation is usually time given to a person in lieu of jail. Say you committed a crime that carries a sentence of two years. The judge could then suspend sending you to jail for two years and instruct you to serve that time a semi free person. This means no criminal action during those two years. If you commit a crime, off to jail you go for the original two years. It’s usually given to people who committed no violent crime, has no criminal record, or if the judge simply has compassion for you.

Oh, before someone asked what’s a parole board. A parole board is a group of officials ( usually consisting of 3-7 people) that reviews prisoners profiles to determine which are a risk to society and which might be trusted to faithfully perform the ‘parole’. They are usually appointed by the governor of the state they represent.

I hope this explains the differences between the two actions. Take care all!

This author submits professional articles to http://www.ezinearticles.com  His articles informs citizens about how to handle different situations when confronted by the police. He is a former award winning police officer. Mr. Davis is an authorize speaker to young police recruits in Louisiana. He is also a master in wilderness suvival. He studied criminal law at Loyola University in New Orleans, Louisiana.

In addition, Mr. Davis has been a featured guest on many television shows detailing how to detect rogue police officers as well as a defense against such officers. This author is also working with Authors Stephen Peach, the award winning ex swat officer of California, and Mike Madigan.  These two authors have also dedicated their lives to exposing rogue cops. Mr. Davis will be at Barnes and Noble, CitiPlace Ct., in Baton Rouge, Louisiana at a book signing on April 14, 2007, from 1:00pm – 2:00pm.

Article Source: http://EzineArticles.com/?expert=Robert_Davis http://EzineArticles.com/?Whats-The-Differences-Between-Probation-And-Parole&id=644662

Using attachment theory with offenders

June 12, 2011 by Ansbro M.  
Filed under Probation

Attachment theory has routinely been considered essential for those working with children. However, contemporary literature and research on attachment offers some compelling insights for work with offenders, particularly in the way that empathy is developed and mood is regulated.

Work for the benefit of the community as a criminal sanction in Spain

June 12, 2011 by Blay E.  
Filed under Probation

Work for the benefit of the community as a criminal sanction was first introduced into Spanish legislation by the 1995 criminal code. However, orders have not been implemented as expected and the gap between the written law and the law in action has been considerable. Regulation and implementation of orders pose serious problems, which reflect more general trends of criminal policy and practice in Spain. After briefly describing the regulation and implementation of work for the benefit of the community orders, this article focuses on the main problems they present and discusses them in the context of wider policy issues.

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