Understanding Violation of Probation in Felony Court

Table of Contents

• Introduction
• Understanding Violation of Probation
• Key Differences Between Felony Court and Misdemeanor Court
• Technical Violations and Their Impact
• The Affidavit of Violation and Scattergun Approach
• Procedural Steps in Felony Violation of Probation Cases
  • First Appearance
  • Violation of Probation Arraignment
  • Violation of Probation Evidentiary Hearing
  • Sentencing Hearing
• Pre-Sentence Investigation in Felony Cases
• Sentencing Memorandum and Defense Pre-Sentence Investigation
• Conclusion

Understanding Violation of Probation in Felony Court

🔥 Introduction Facing a violation of probation or community control (CC) in felony court is a serious matter that could have significant consequences for you or your loved one. In this segment of the client education series, we will delve into the complexities of this procedural circumstance and provide you with essential insights. By understanding the key differences between felony court and misdemeanor court, as well as the concept of technical violations, you can navigate the legal process more confidently.

🔍 Understanding Violation of Probation A violation of probation (VoP) occurs when an individual on probation fails to adhere to the terms and conditions set forth by the court. Unlike misdemeanor court, where bonds are more common, most Circuit Court judges do not grant bonds for felony violations of probation. This distinction makes the process for addressing these violations more challenging and requires strategic navigation.

⚖️ Key Differences Between Felony Court and Misdemeanor Court One of the primary distinctions between felony court and misdemeanor court is the treatment of bond. Felony violations of probation rarely result in the grant of a bond. It's crucial to recognize that probation officers often refer to certain violations as "technical." However, for a violation of probation to be considered valid, it must be willful and substantial. Technical violations, by definition, lack the willfulness or substantiality required for a violation of probation.

🔬 Technical Violations and Their Impact Technical violations pose an intriguing predicament within the legal system, as they often become a subject of debate. While probation officers may consider certain infractions as technical violations, these infractions may not meet the legal criteria for a violation of probation. It is essential to identify whether a violation is genuine or merely technical, as it determines if a court appearance is necessary.

💢 The Affidavit of Violation and Scattergun Approach When a probation officer drafts an affidavit of violation, they typically employ a scattergun approach. This approach entails listing multiple alleged violations in the affidavit, aiming to strengthen the case for a violation of probation. The prosecution benefits from this strategy, as it provides them with an easier path to prove the violation and impose enhanced punishment.

⚙️ Procedural Steps in Felony Violation of Probation Cases Navigating the legal process for felony violations of probation involves several key steps. These steps include the first appearance, violation of probation arraignment, violation of probation evidentiary hearing, and sentencing hearing. While no bond warrants are typical in felony cases, exceptions exist, and it is crucial to understand each stage's significance.

First Appearance

Despite the issuance of a no bond warrant in most felony cases, there is still a first appearance. However, it is vital to note that a judge who did not preside over the original case is unlikely to grant a bond. Exceptional cases may arise where the judge grants a bond, but this possibility is not the norm.

Violation of Probation Arraignment

During the violation of probation arraignment, the defendant is formally presented with the allegations. It is at this stage that the case may be settled, proceed to an evidentiary hearing, or result in a contested trial. Regardless of the outcome, it is crucial to have a comprehensive understanding of the situation to make informed decisions.

Violation of Probation Evidentiary Hearing

If the case proceeds to an evidentiary hearing, it means that the parties involved are contesting the allegations. This hearing serves as an opportunity for both the defense and prosecution to present evidence and arguments to support their respective positions. It is a critical juncture that determines the final outcome.

Sentencing Hearing

Following an admission of violation or a finding of guilt in an evidentiary hearing, a separate sentencing hearing may take place. Both parties involved must submit written documentation for consideration during the hearing. Additionally, it is essential to understand that individuals have the right to a pre-sentence investigation in felony court, which provides the court with valuable information for making informed sentencing decisions.

💼 Pre-Sentence Investigation in Felony Cases While it is possible to waive a pre-sentence investigation (PSI) in certain circumstances, most judges require it in felony violation of probation cases. A PSI involves an interview with a probation officer who compiles a report containing background information, which assists the court in determining an appropriate sentence. Depending on the case, a defendant's attorney may also conduct their own investigation to present a comprehensive defense during the sentencing hearing.

✍️ Sentencing Memorandum and Defense Pre-Sentence Investigation In preparation for the sentencing hearing, legal defense teams often prepare a detailed sentencing memorandum or conduct their own pre-sentence investigation (PSI). This investigation aims to highlight any mitigating factors, such as brain imaging or mental health concerns, which can potentially influence the court's decision. It is worth noting that misdemeanor cases rarely involve defense PSIs, except in specific circumstances.

Conclusion

Facing a violation of probation in felony court requires a comprehensive understanding of the legal process and the nuances surrounding technical violations. By familiarizing yourself with the procedural steps and the importance of pre-sentence investigations, you can better protect your rights and make informed decisions. If you have questions or concerns about your case or a loved one's situation, reach out to us for expert guidance.