This is the next post in my series on the question of what happens when probation is revoked in the state of Arkansas. My last article provided an overview of topics which this series will be addressing. It is important that one contact an attorney immediately if they or a loved one are accused of violating their terms of supervision. By contacting counsel sooner, rather than later, you provide yourself with more time to mount a defense against the revocation request. In this article I will discuss another important topic – the reasons for which probation is typically considered “violated” in our state. If you are in need of assistance then contact me today to speak with a Little Rock lawyer.
The first reason for which a defendant will typically be found to have violated their supervision is if they are convicted of having committed a new crime. It goes without saying that probationers are required to stay out of trouble while they are under supervision. If one is convicted of a new offense then they likely will be facing time for the new charges in addition to having to serve the time associated with the offense for which they were on probation. It is important to understand, however, that simply being charged with an offense is not necessarily grounds for terminating one’s supervision. This is due to the fact that individuals are presumed innocent and it is possible that one did not commit the new offense with which they are charged. This is why Arkansas judges may wait for the new charges to reach a resolution before deciding whether or not to revoke the probationer’s supervision.
The second reason for which a defendant typically faces revocation is for violating a term of supervision. This can include failing a drug test, failing to check in with one’s P.O., failing to inform the P.O. of a new address, etc. It is important to understand that in such situations it is within the probation officer’s discretion to report the violation and ask for a revocation. Most officers tend to be reasonable individuals. If a violation of one’s terms is minor in nature, and if the individual has otherwise been a good probationer, then it is possible that the officer will warn the individual to not do it again. For understandable reasons, repeated violations are more likely to result in a revocation proceeding. Likewise, if one’s first violation is more serious in nature then it is likely that they will face a revocation proceeding. How any case will proceed will always depend on the facts of the situation. This is why it is important that you discuss your situation with an attorney as soon as possible.
If you or a loved one are in need of legal assistance then contact my office today to speak with a Little Rock probation revocation lawyer. I understand that this is an important time in your life and my office will give your case the attention it deserves. We pride ourselves on providing aggressive representation and we are ready to assist you. Contact us today. We also handle matters in Fayetteville, Fort Smith, Springdale, Jonesboro, North Little Rock, Conway, Rogers, Pine Bluff, and throughout the remainder of Arkansas.