Roanoke, Virginia Probation Revocation Attorney
Probation is considered to be a second chance for defendants. It is seen as a privilege, not a right, and judges show little patience for those who do not take advantage of the privilege. Unfortunately, there are times in which defendants do not make the most of this opportunity and they are then forced to return to court to face a revocation hearing. It is important to understand that you have options if you or a loved one find yourselves in such a situation. It may be possible to negotiate a reinstatement to supervision or to outright defend against the revocation petition. It is vital that you retain a lawyer who is experienced in handling such matters. Cerid Lugar is a Roanoke probation revocation attorney who has been licensed to practice law since 2008. Cerid founded our firm on the belief that everyone is entitled to the highest levels of representation and we believe that everyone deserves respect. Contact our office today to schedule an initial consultation. We also handle cases in Salem and throughout southwest Virginia.
Roanoke lawyer assisting those accused of violating probation
Probation is often part of the sentencing for the original charge. A Judge may allow the defendant to continue on probation, if the Judge believes that the individual is capable of staying out of trouble and of being a productive member of society. A judge can re-suspend all suspended time and put the defendant back on probation. A defendant will be sentenced when they are put back on probation. That sentence will be considered “suspended” and will not have to be served if the individual successfully completes all of their requirements. Such requirements will often include staying out of trouble and not picking up new charges, maintaining employment, staying free of drugs, paying of restitution, the performance of community service, etc. Failing to meet these conditions can result in the supervising officer filing a report with the Commonwealth Attorney and the Commonwealth Attorney will petition the Court to revoke the defendant’s probation.
Probation revocation proceedings begin when the supervising officer files a revocation report with the Commonwealth Attorney (prosecutor). The Commonwealth Attorney will petition the Court for a revocation Order. The Court will issue a Revocation Order and then schedule a revocation hearing. If an agreement cannot be reached between the prosecution and the defendant, then the matter will proceed to a formal revocation hearing. The supervising officer will testify at that hearing as will other relevant witnesses which the prosecution may call. The defendant will have the opportunity to testify on his or her own behalf and to call additional witnesses. The Court may require that the defendant to serve the all suspended time in the original sentencing Order. The Court may also give the defendant an additional opportunity, with additional supervision terms being imposed, or it may allow one to simply continue on probation. The determination will happen at a probation violation hearing or revocation hearing.
While courts are often reluctant to do so, it is possible to successfully defend against the prosecution’s request for revocation of all suspended time. There are many facets to an attempt to maintain a defendant’s status on probation. It is vital that you retain an experienced attorney to assist you.
Cerid Lugar is a Roanoke criminal defense lawyer handling probation revocation matters throughout southwest Virginia. She will use your initial consultation to gain an understanding of your situation and to help you understand all of your options. Cerid will then begin accumulating evidence of how you have been a productive part of the community. Such evidence may include employment records, educational records, etc. She will immediately begin negotiating with the prosecutor to gain a reinstatement of your supervision with additional terms imposed; such negotiations are often the best path for avoiding a prison sentence. If a reinstatement cannot be obtained, then she will vigorously defend you at the revocation proceeding. Our firm understands the impact that this situation will have on your life. We are here to assist you.
Attorney providing quality service to Roanoke and Salem defendants accused of violating probation
If one has been accused of violating their probation, then they have enough to worry about. They do not need the added stress of a lawyer who does not keep them up to date as to the status of their case. This is why Cerid makes attorney-client communication a priority. She will be in regular contact with you throughout the process and she will take steps to ensure that your questions are answered. We strive to provide the highest level of service in each and every case we handle.
We also serve the southwest Virginia cities of Cave Spring, Salem, the Botetourt County city of Hollins, the Bedford County cities of Bedford and Forest, the Franklin County city of Rocky Mount, and the Montgomery County cities of Blacksburg, Christiansburg, and Radford.