Probation is a period of time after a person is convicted of a crime where they are not subject to criminal penalties. During this probation period, the defendant is supervised by a probation officer who may place conditions on the person's life such as mandatory drug treatment and community service.
Despite these conditions, it is possible for someone to violate their probation. A probation violation can be a serious matter and one that requires legal representation.
The consequences of not appearing in court on a specific date can be severe. Depending on the nature of the offense, failure to appear for a court hearing can result in a bench warrant for arrest, additional charges for failing to appear and forfeiture of any bond you posted. Defending your rights in such cases is best done by an attorney who is experienced in handling this type of case.
The first thing to do is contact your probation officer and inform them of the violations. This can be an effective way to reduce the negative impact of a probation violation on your life and reputation.
Another approach to handle a probation violation is to negotiate with your probation officer or the court and try to find a solution that will allow you to continue on with your probation. Having an attorney by your side can be beneficial in this type of situation because it allows the lawyer to represent your best interests and make sure you receive all the help you deserve.
If you have been charged with a new criminal offense, this can increase the likelihood of a violation of your probation sentence. The revocation of your probation will be handled differently depending on the nature of your new charge and whether it is a felony or misdemeanor.
Judges are always mindful of a person's previous offenses and how those previous offenses have affected their life. They will often be less lenient the next time around.
When a new charge is filed, the prosecutor will likely ask the judge to revoke your probation and put you back in jail. This is a very serious step, especially if you are already on probation and have a conviction to serve in addition to the charge.
You will likely have to go to a probation revocation hearing to contest the revocation of your probation. This is a court proceeding that is not conducted as a trial and the burden of proof is much lower than at a trial, so it is not uncommon to see inconsistent outcomes.
If the revocation hearing is based solely on the violation of your probation, this could mean that you will have to complete the full length of your original probation term. This can also mean that you will have to pay fines and fees to the probation office.
This is a great opportunity for an attorney to work on your behalf and negotiate a reduction of the penalties you will be facing, or get the revocation of your probation dismissed altogether.
If you are facing charges for a white collar crime, it is important to get help from a skilled attorney right away. These crimes have severe penalties and can be detrimental to your reputation and career. If you are convicted of a crime, you could be subject to jail time, probation, and extremely high legal fines. You also may have trouble finding employment in the future, especially if you were involved in a serious crime.
When a white collar crime case goes to trial, you will need a top-notch attorney who can provide strong legal advocacy to ensure that your rights are protected. The best defenses include knowing the evidence against you and understanding your options for a favorable outcome to the trial. A criminal defense attorney in Birmingham can also provide you with an assessment of the evidence against you so that you can better understand the charges against you and the potential ways to mitigate or eliminate them.
In most white collar crimes, it is necessary for prosecutors to prove that you actually committed the crime. This means that you must have knowingly and intentionally committed the offense.
Some examples of white collar crimes include health care fraud, credit and debit card fraud, bribery, embezzlement, insider trading, money laundering, counterfeiting, and RICO violations. Depending on the circumstances, these offenses can carry state or federal penalties.
The term “white collar crime” was coined in 1939 by Kevin Sutherland, a sociologist, and refers to crimes that are committed by individuals with high social status or power in their field of work. The majority of these crimes involve financial gain, and they are usually conducted by professionals in industries like banking, real estate, medicine, investment firms, and other fields.
Those accused of these crimes are often found guilty by juries, who must be convinced that they intended to commit the offense in question. This is a key factor in any trial and often plays a major role in the verdict, especially when a company or individual is being investigated for a white collar crime.
A skilled attorney can help you proactively avoid getting into this type of situation, especially if you are involved in an internal investigation. This is because these types of investigations are often long and complex and can encompass a large amount of documentation.
Some internet crimes are charged at the state level, but others are considered federal crimes and will be prosecuted under the Racketeer Influenced and Corrupt Organizations Act (RICO). Regardless of whether you are facing charges at the state or federal level, you need a knowledgeable white collar crime attorney to help you defend against the charges against you.
In many cases, a criminal conviction can be a detriment to a person's ability to get on with their life. It can make things like obtaining a job, going back to school, securing a loan or purchasing a home seem impossible.
Whether you've been charged with a misdemeanor or a felony, having a criminal record can have a negative impact on your future. There are many things you can do to move forward after a criminal record in Birmingham.
First, you can request that your record be restricted from public access so that it won't show up on a background check. This may help you find a job or apartment that's safe and secure for you and your family to live in.
You can also get a felony expunged to remove it from your records. This process is often more complex than simply sealing a record, so it's important to work with an experienced attorney who can guide you through the process.
It's important to understand that there is a 10-year waiting period before you can file for an expungement. This time period is designed to ensure that the process is fair and equitable to all those who qualify.
There are many other ways that you can move forward after a criminal record in Birmingham, so it's important to know how and where to start. One option is to consult with a Birmingham criminal defense lawyer who can help you fight for your rights in court and advocate for you when necessary.
If you have a felony on your record, it can make it difficult to get a loan, secure housing or buy a car. This is especially true for government jobs, where it's difficult to get hired if your background check shows that you have a criminal record.
In addition, some banks and credit agencies consider a conviction as an indication that you'll be more likely to default on your debt. This can make it difficult to get a loan, so it's important to speak with a seasoned attorney who can help you get your record cleared.
A felony can also negatively affect your standing in domestic matters, such as child custody or adoption. It can also keep you from obtaining a guardianship for your elderly parents or stepchildren.
Fortunately, you can clear your felony record by filing for an expungement. This process is not an easy one, and it is crucial to hire a Birmingham attorney who can guide you through the process.
You can also ask that your felony be expunged from the records of a court case or arrest so that it won't appear on your future employment or housing applications. This can be a very useful tool in the long term as it can allow you to avoid having a criminal record for as long as possible and help you get back on your feet after a crime.
Paul J Tafelski, Michigan Defense Law | Criminal Attorney and DUI Lawyer
2525 S Telegraph Rd suite 100, Bloomfield Hills, MI 48302, United States
(248) 451-2200