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| Probation Violations |
When someone is given a suspended sentence (no jail or prison term) they are often placed on probation. Probation is a way for the sentencing judge let you demonstrate that you can be rehabilitated in the community instead of in a jail or prison cell.
Your probation may be called “informal” where you don’t regularly meet with a probation officer but are still required to pay fines, fees, attend classes etc., or it can be called “formal” where you have regular meeting with a probation officer and have more strict conditions placed on you. Although a judge may make recommendations to the Department of Corrections about what level of supervision to place you under, ultimately it is the decision of your probation officer and their supervisors what conditions you must follow and how often you must report for meetings.
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The probation contract
When you are placed on probation you will be required to sign a probation contract. This contract sets out for you the expectations of the probation officer and the conditions that you must follow while on probation. Common terms of probation are:
- No drugs or alcohol while on probation
- No new arrests and notify the probation officer if arrested
- Full time employment or school or a combination of the two
- Curfew
- Regular payments of fines and court costs
- Attendance at programs for anger management, substance abuse, or life skills
- Restrictions on residing with convicted felons or other persons on probation
- Restrictions on travel
- No gambling
- No gang activity
- Restrictions on possession of firearms
The list is can be much larger.
Technical Violations versus New Crimes
If you fail to live by one of the conditions that your probation officer set for you such as a curfew violation, failure to secure employment, or missing meetings it will be referred to as a “technical violation”. This is simply a term used by persons in the criminal justice system and it in now way reflects the seriousness of your situation. Any violation of the rules of probation can be enough for a judge to revoke you and send you to prison. The other main violation that is seen while on probation is arrests for new charges. A new arrest while on probation can have serious implications. The initial reaction for some people is to try to hide the arrest from the probation officer and hope it goes away. Not informing your probation officer of the arrest is usually considered a separate violation and could revoke your probation.
If you have violated the terms of probation, your probation officer will file a report with the court. A hearing will be set in front of a judge and often times you will be arrested and placed in jail to wait for the hearing. An experienced criminal defense attorney can contact your probation officer and the county attorney to discuss your case and attempt to resolve the reported violations. If it can’t be resolved through negotiating with the probation officer and the county attorney your lawyer will still be able to argue your case to the judge at the court hearing.
Gerald B. Feuerhelm has the experience and creativity it takes to help you resolve your probation violation issues in the best possible way. They have dealt with hundreds of probation violation hearings and know what options are available as alternatives to a complete revocation of probation. You can contact our firm to discuss your case and
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| DISCLAIMER: The information you obtain at our firm web site is not, nor is it intended to be, legal advice. It is recommended that you should consult an attorney for individual advice regarding your own situation. |
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| If you would like to schedule a free initial consultation contact an Iowa criminal defense accident attorney, representing clients in Des Moines, Iowa at the Feuerhelm Law Office, P.C. Give us a call at (515) 266-5552. |
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The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. This disclosure is required by rule of the Supreme Court of Iowa.
A description or indication of limitation of practice does not mean that any agency or board has certified such lawyer as a specialist or expert in an indicated field of law practice, nor does it mean that such lawyer is necessarily any more expert or competent than any other lawyer. Memberships and offices in legal fraternities and legal societies, technical and professional licenses, and memberships in scientific, technical and professional associations and societies of law or field of practice does not mean that a lawyer is a specialist or expert in a field of law, nor does it mean that such lawyer is necessarily more expert or competent than any other lawyer. All potential clients are urged to make their own independent investigation and evaluation of any lawyer being considered. This notice is required by rule of the Supreme Court of Iowa. |
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Des Moines, Iowa Attorney practicing in Iowa primarily in Criminal Defense & Personal Injury. Lawyers at the Feuerhelm Law Office, P.C. are dedicated to serve their clients in Iowa, including the cities of Des Moines, Adel, Nevada, Ames, Newton, Marshalltown, Boone, Osceola, Chariton, Guthrie Center, Waterloo, Iowa City, Cedar Rapids, Fort Dodge, Sioux City, Council Bluffs, Davenport, Cedar Rapids, Knoxville, Oskaloosa and Indianola, and the communities that make up Polk, Dallas, Story, Jasper, Marshall Boone, Clarke, Lucas, Guthrie, Blackhawk, Johnson, Linn, Webster, Woodbury, Pottawattamie, Scott, Marion, Mahaska and Warren counties. |
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© MMXII Feuerhelm Law Office, P.C. Email: info@fklawpc.com Address: 3231 East Euclid, Suite 300, Des Moines, Iowa 50317 Phone: (515) 266-5552 The information you obtain at our firm web site is not, nor is it intended to be, legal advice. It is
recommended that you should consult an attorney for individual advice regarding your own situation. Home I Jake Feuerhelm I Firm Overview I Criminal Defense l Personal Injury l Motor Vehicle Accidents I Contact I Iowa Criminal Defense Attorney Des Moines Probation Violations Formal Informal Polk County Lawyer |
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