How Defendants Might Be Re-Sentenced for Violating Parole or Probation

Your St. Augustine criminal attorney will explain about re-sentencing for violations of probation.

Understanding What Happens If There Is a Probation Violation

Your St. Augustine criminal attorney will tell you that if probation is violated, it is possible for probation to be reinstated, extended or revoked. If it is revoked, being imprisoned is a possibility.

If the violation of probation is due to a separate criminal involving a violent crime, drug distribution, possessing a firearm or a controlled substance, it will require imprisonment based on the United States Sentencing Guidelines.

Alternatives in Lieu of Imprisonment

Your St. Augustine criminal lawyer will try to prevent incarceration with the following suggestions:

  1. Extending the term the defendant will be supervised;
  2. Being supervised more closely with increased reporting; and
  3. Being placed under house arrest except for work.

A St. Augustine Criminal Attorney Will Provide an Explanation of Re-Sentencing for Violating Parole

If parole has been violated, the parole board has the ability to order the defendant back to jail to complete the initial sentence. More time cannot be added to the sentence for parole violation. Certain jurisdictions are allowed to use presumptive sentencing for specific violations. Your St. Augustine criminal lawyer will explain that this varies depending on the jurisdiction.

Your St. Augustine Criminal Attorney Will Tell You What Happens If There Is a New Conviction and Parole Violation

If there is a new conviction for a different criminal act and the parole or probation has been violated, your St. Augustine criminal attorney will try to prevent the judge and parole board from having the sentences run consecutively. It is a difficult task because the sentence for the violation is generally added onto a new sentence.

Contact an Experienced St. Augustine Criminal Attorney

If you have questions about parole and probation violations, a St. Augustine criminal lawyer can help. Call the Attorneys at Canan Law at (904) 849-2266 today.


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