Probation revocation hearings
Mr. Solomon has handled countless probation revocation hearings on both misdemeanor and felony cases.
Probation revocation allegations
Being accused of a probation violation is an accusation by the government that a defendant is not compliant with the terms of their probation. Such an accusation gives the defendant many of the same rights as being charged with a new crime. However, fighting a probation revocation case is different than a new charge in many ways. As such, it is always best to have a lawyer negotiate with the prosecutor or fight the charge any revocation hearing.
Deferred judgment revocation allegations
Courts and prosecutors consider deferred judgments a second chance that the defendant have accepted, plead guilty, and agreed to abide by its terms. When accused of violating the terms of a deferred judgment, a prosecutor and judge will not easily agree to keep a deferred judgment intact and allow its eventual dismissal. This is why an attorney experienced in working deferred judgment revocation hearings will help you to protect your criminal record.
A defendant’s due process rights require that the court give a defendant the opportunity to know what the accusation is, and to have a hearing where evidence is presented, and any testimony is given under oath, and subjected to cross-examination. A defendant has the right to subpoena witnesses to testify in their defense.
Some of the mistakes a person can make in a probation revocation case are the same as when facing a criminal charge. The most serious mistake involves accepting a prosecutor’s offer to admit the violation under a plea agreement before understanding the charges against them, reviewing the evidence that a prosecutor will use against them, and investigating whether the case is defensible.
A qualified lawyer knows to perform these steps before recommending a hearing, a plea to the probation violation allegation, or further investigation.
Mark S. Solomon has much experience in probation revocation cases, and deferred judgment revocation cases. Call now for an appointment to discuss your case.