This is the next post in my series on the question of “what happens when probation is revoked in Arkansas?” My last article discussed the reasons why probation may be revoked in our state. It is important to understand that one does not have to commit a new offense for the Judge to revoke their supervision. Revocation can happen for reasons such as failing to check in with the supervisor, failing a drug test, or other issues which won’t necessarily lead to new criminal charges. Likewise, being charged with a new offense does not necessarily mean that supervision will be revoked. The most important step to take, if you or a loved one are facing revocation, is to contact a criminal defense attorney immediately. In this article I will discuss the possible outcomes which a defendant faces at a revocation proceeding. If you are in need of assistance then contact my office to speak with a Little Rock lawyer.
Arkansas probation revocation hearings have multiple possible outcomes
There are multiple possible outcomes in an Arkansas probation revocation proceeding. These can include a revocation, a modification, or a reinstatement. I will discuss each of these in turn.
The first option for the Judge will be to simply revoke the supervision. This means that the original sentence will be imposed and the defendant will be remanded into custody to serve it. Also, the defendant may face additional time for new charges. If, for example, one was sentenced to serve two to ten years for an offense, but was given probation, they would have to serve the two to ten years upon revocation. They would be given credit for any time they spent in custody prior to being placed on probation. Any time imposed for new charges may either run concurrently with the two to ten year sentence or it may run consecutively. If it is the latter, then the defendant would serve two to ten years before time begins to count towards the new sentence.
The second possibility is that the Judge may modify the original terms of probation. This is typically a situation in which a defendant is placed back on supervision, but with tighter restrictions. Suppose, for example, that a defendant was placed on two years of probation and was required to check in with their supervisor. Under the modification, the individual may now be required to check in with their supervisor every week and they may have to serve an additional eighteen months of probation as opposed to any time that was remaining on the original one year. This is just one example of how probation can be modified. It is important to understand that modifications are typically granted in instances where the violation of supervision is relatively minor in nature and there is a general agreement that the accused individual still has a chance of succeeding on probation.
The third possibility is that the Judge will simply reinstate the original terms of probation and allow the defendant to complete their supervision. This is probably the rarest of the three outcomes. This is due to the fact that if a defendant has reached the point of a revocation hearing, then there have been notable problems with their supervision. Reinstatements are typically awarded in instances where the Judge finds that an alleged infraction did not occur or a truly compelling case is made that the defendant deserves another chance.
Retain a lawyer for Arkansas probation revocation proceedings
I cannot stress enough the fact that one should retain a criminal defense attorney immediately if they or a loved one are facing probation revocation proceedings. The sooner you retain counsel then the sooner your representative can begin building a case that the individual should remain on supervision. Steps taken can include investigating the alleged infractions, obtaining proof of employment/community service, and more. Furthermore, experienced counsel will help you in making the best possible case to the Court. If you or a family member are in need of assistance then contact me today to speak with a Little Rock probation violation lawyer. I pride myself on providing quality service and I look forward to speaking with you.
We also handle matters in Fayetteville, Fort Smith, Springdale, Jonesboro, North Little Rock, Conway, Rogers, Pine Bluff, and throughout the remainder of Arkansas.