Being on probation / community control / house arrest is an alternative to incarceration. It is a gift of sorts, albeit it is given by an Indian giver who can take it back at any time (the alternative being jail). It behooves you to remember that at all times while serving your non-incarcerative sentence. It may help to think of your time on probation / CC / HA as walking on a tightrope. Stray just a little to either side, lose your concentration or balance even for a moment and you fall. However, instead of landing on the ground you land in jail or prison.
Violations of a community based sanctions (VOP / VOCC) are very different than substantive (new) cases. The terms and conditions of probation / CC / HA make it such that any material and willful violation can result in a no bond hold, a bench (not a jury) hearing (trial) with lax rules of evidence, admissible hearsay and a reduced burden of proof (a “preponderance of evidence” – or “more likely than not”). In short, when you are accused of violating your non-incarcerative sentence you need competent legal representation immediately.
When it comes to probation modification (things such as Early Termination, Transfer, Permission to Travel, Amending Terms or Conditions, etc) all such matters are 100% discretionary with the Court. This means that the decision to either grant or deny your request is entirely the Judge’s call, and your Judge is free to say either yes or no without fear of appellate action. Intangibles (such as a good mood, bad mood, bias, prejudice, sleep, lack of sleep, etc) can, do and will effect the Judge’s attitude and ultimate decision, and your odds at a favorable outcome will exponentially increase with a skilled and experienced criminal defense attorney efforting at moving Heaven and Earth on your behalf.
Be it seeking a bond on a VOP, permission to take the kids to Disney World, avoiding an incarcerative sentence, or any other Probation / Community Control / House Arrest related matter, at Michael A. Haber, P.A. we will help you by creating a comprehensive and persuasive litigation package which is supported by admissible evidence and which has been custom tailored and carefully designed to achieve your objective in front of your Judge given your unique facts and circumstances.
