Probation is a highly stressful situation for anyone involved. If a person is on probation and they are arrested, it is grounds for a violation hearing or violation detention (formerly referred to as a surrender hearing). Failure to comply with any condition of your probation can result in a violation citation.
In most cases, probation officers are extremely honest and minor violations can often be left with a warning rather than surrender. However, there are instances where probation officers are not always honest and may even exhibit vindictive behaviors toward probationers. Some probation officers feel that instead of monitoring, it is their duty to put people back in jail – and this often leads to unjustified violations.
Handling these types of situations is difficult for even the most skilled defense attorney. That is because the standard of proof and presumption of innocence is much different than it is in a criminal trial – and judges are often quick to re-incarcerate a probationer.
How to Handle a Dishonest Probation Officer
As a probationer, you should always work to protect your rights – starting from the first day you are on probation. Some ways you can do that include:
- Keeping records of all actions and communications with your probation officer. Write down the date and time you speak with your probation officer as well as notes regarding what was discussed. If you ever provide your probation officer with proof of a condition met (such as entering a drug treatment program), keep records of when that information was provided to the probation officer as well as a copy of proof for your own files.
- Write down any pattern of dishonesty. If you notice any dishonest or vindictive behaviors from your probation officer, write them down. While it is your word against theirs, your experiences may be used in court to disclose proof of past dishonesty. That is because most probation officers deal with the same court; therefore, the judge may recognize numerous violation citations for the same condition or similar complaints about the same probation officer.
- Speak with an attorney if you feel you are being treated unfairly. If you feel you are dealing with a dishonest probation officer or your recent violation was without merit, contact a criminal defense attorney right away and supply them with your records. The faster you seek professional assistance, the better the chances your attorney can prove the dishonest actions of the probation officer in court and have the warrant vacated by the courts.
Contact Keegan Law Regarding Your Probation Violation
Whether you are dealing with a dishonest probation officer or you have truly violated the terms of your probation, a violation does not automatically mean you will surrender. With the right criminal defense attorney you may be able to preserve your probation status and avoid going back to jail. Contact Keegan Law today regarding your violation or your concerns about your probation officer. We will aggressively fight for your case. Contact us online or call (617) 799-7644 to schedule your free case evaluation appointment.