PROBATION AND PAROLE VIOLATION LAWYERS
We can help you in Huntsville, Decatur and Athens, AL and the surrounding areas.
Did you know that people charged in Alabama with probation violations are revoked at an alarming rate? Further, inmates in Alabama are denied parole at a staggering new low of 90 percent. Did y When a defendant is convicted of a crime in Alabama, he or she may be placed on probation as a part of their sentence. While a sentence of probation on any charge is always a good result, it is easier than you might think to violate your probation and get sent to jail or prison. As a part of probation, a defendant must comply with all of the terms and conditions imposed by the court. If you fail to follow the conditions, the result will be a probation violation (PV), which may come with a city, county jail or state prison sentence. If you have been accused of violating the terms of your probation in Huntsville or Decatur, it is recommended that you get in touch with a criminal defense attorney as soon as possible. When you need advice about ways to resolve a probation or parole violation in Huntsville or Decatur, Alabama, there is really only one choice with the experience you need to help handle your case. Call attorney Randy W. Ferguson now. Call 256-534-3435.
Parole or Probation Violation Charges in Huntsville
We represent people charged with probation and/or parole violations of the two most common kinds: an arrest on new charges or a technical violation of the terms of your release.
Types of Probation or Parole Violations in Huntsville
We handle probation and parole violations such as:
- You fail to pay court-ordered restitution
- You fail to complete a rehabilitation program
- You fail or skipped a drug test
- You fail to complete community service
- You fail to appear in court for a progress report
- Violate protection order
- Removing any security monitoring device
- You fail to report to your probation officer
- You commit a new crime during your probation
- Speaking with a person you were ordered not to contact
- You are arrested, even if no charges are filed
- Violations of other conditions of your release
Penalties for Violating Terms of Probation
If you have been held and charged with violating your probation, it is important to understand that the penalties you can receive depend on the nature of the violation and the severity of the underlying criminal conviction. For minor violations, you may be given a second chance to serve your sentence on probation or you may be required to finish a state program and then get put back on probation. For more serious violations, you may face a formal probation violation hearing. At this hearing, the prosecutor will be required to prove that you violated the terms of probation. Understand, the odds are never in your favor in theses hearings.
If you are found guilty, you could face a variety of penalties, including:
- Term of imprisonment in municipal jail, county jail or state prison
- 90 day restart
- EOS (end of sentence)
- Extended period of probation with added terms
- State program
- Enrollment in a drug rehabilitation or counseling program
- Requirement to serve community service hours
The outcome of your probation violation hearing will ultimately depend on what the judge believes happened. The judge is suppose to weigh the evidence offered by both sides, but the odds are stacked against you before you even get to the courtroom. The prosecutor and/or probation officer may make a recommendation to the court about how the probation violation should be punished. Usually the judge seriously considers the recommendation of the prosecutor and probation officer.
There are many factors that may influence your sentencing. Some of the factors that may influence your sentencing include:
- The number of times you have violated your probation
- Technical violation: A technical violation can result in a number of consequences. Your probation officer can impose a punishment of up to three days in jail. This is called a “dip.” Your probation officer can ask the judge to impose more serious consequences. If this happens, you have a right to a probation revocation hearing. If you violated the judge can impose up to 45 days in jail. This is called a “dunk”. Just because the judge can do this doesn’t mean he will do this.
- Whether or not the probation violation involves a new crime: Either a new offense or leaving probation can result in the imposition of the original sentence. If you’ve committed a new felony offense, the revocation will be scheduled for an arraignment and probation revocation hearing. If the judge finds you violated your probation, you can be ordered to serve your full sentence or some part of the original sentence.
- Mitigating and aggravating circumstances
- The attitude of the probation department or probation officer
- The seriousness and nature of the probation violation
Did you know that a three member board decides if a state inmate gets parole or not? Did you know the board only granted 409 inmates parole of over 3,593 who were up for parole in 2022. That is the fourth year in a row that the parole numbers have dropped in Alabama. The rate has dropped from 31% in 2019 to 20% in 2020 to 15% in 2021. When parole numbers drop, the prisons become more and more violent because of the injustice the prisoners are receiving by the board. Clearly, we need to follow the rules on parole, change the rules on parole, or get three new board members since the board only follows the 2020 guidelines about 30% of the time. If the State of Alabama cannot follow the rules, the Department of Justice needs to step in and take over the Alabama prison system. The answer is not to build more prisons, it is to establish rules that must be followed by the parole board.
If you have been charged with a violation of probation or parole, and you have a no bond or cash bond, we can help. Contact Randy W. Ferguson now. We are here to help. Call the law firm of Ferguson & Ferguson at 256-534-3435. We can help.
Huntsville Office Location:
303 Williams Avenue SW
Huntsville, AL 35801
Decatur Office Location:
211 Oak Street NE
Decatur, AL 35601