Some offenders are sentenced to probation in lieu of jail. Their probation requires that certain conditions be met by deadlines and that they refrain from committing new criminal acts. If the probationer fails to do so, their probation will be violated. Unlike the vast constitutional rights they enjoyed in their original case, they will quickly realize why a violation of probation is sometimes known as “prosecutor’s revenge.”
The violation of probation (VOP) case commences when the probation officer files an affidavit for VOP. They will also have a VOP warrant issued for the probationer’s arrest. The police will execute the warrant at their residence or place of business and the offender is taken to jail. The offender will not be entitled to a bond on a VOP. They will remain in jail until the resolution of their case.
What's a VOP? It stands for violation of probation. When someone's sentence for a crime, sometimes instead of jail, the judge will put the person on probation. probation means you have to meet with your probation officer. And there are certain conditions these usually include something like community service, fines, classes, counseling, and so on. So when someone violates the probation, it's called the VOP. Typically what happens is a warrant will go out for the person's arrest, they'll usually be picked up at their home or place of work. VOP warrant usually has no bond. So the person will have to sit there until their cases resolved. And at the time of VoIP hearing rolls around, it could be months later, the state's burden of proof is very low. They just have to prove that the violation was willful and intentional, and hearsay is even admissible. So when I have a client that has violated probation, I have several goals. I want to get them a bond, get them back to their normal life. I want to resolve the case. That involves no further jail time. We want to try and reinstate probation, or perhaps even terminate probation altogether. So if you have a violation of probation or VoIP and you have any questions, give us a call. We'd love to help.
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