Defending yourself against a probation violation

On Behalf of | Apr 5, 2019 | Probation Violations

If you have been accused of violating your probation, it is likely that you will face jail time or a heavy fine as a result. Probation violation accusations can be false, or there may be an adequate defense that you can use in your situation. This is why it is important to consider challenging the accusation.

If you break the terms of your probation or appear to, you could face consequences. These terms will differ depending on your specific circumstances, but they will likely include avoiding visiting certain people and places, being home before a certain time in the evening and avoiding using, possessing or selling drugs. Sometimes, that prohibition includes alcohol as well.

How can I defend myself after an accusation of a probation violation?

You may be able to defend yourself by arguing that the terms you violated were in no way related to the actual purpose of the probation and therefore you should not be punished.

Another common form of defense involves arguing that law enforcement engaged in some kind of misconduct. For example, you may argue that you were subject to an unlawful search and seizure or that you were harassed by a police officer.

If you were accused of failing a drug test, you may want to challenge the accuracy of the testing method, especially if a Breathalyzer test was used.

There are many possible defenses that you could use to challenge your accusation, but creating a successful defense strategy take care. It will need to be based on your specific circumstances. This is why it is important to be proactive in your approach and to understand the law in full.