New Orleans Probation Violation Attorney

Probation is often given in criminal cases as an alternative to jail.  In court, individuals are given a jail sentence, which is then “suspended” over a period of months or years instead of being incarcerated. They are expected to satisfy the suspended sentence by following the terms and conditions of their probation.

When an individual serving a probation period receives accusations that they have violated their probation, the consequences can be severe. The probation officer will file what is called a Rule to Revoke Probation, the courts may issue a warrant for the individual’s arrest, and most seriously, the judge may impose the jail sentence that was initially suspended. You must act immediately and obtain legal support from an experienced New Orleans probation violation defense attorney. Your freedom could be at risk.

New Orleans Probation Attorney Elizabeth B. Carpenter has years of experience helping people defend themselves when probation officer wants to send them to jail. She knows that everyone makes mistakes and some probation officers are not fair in their reporting.

Louisiana Conditions of Probation

The general conditions of probation in Louisiana can be found under Louisiana Code of Criminal Procedure Article 895.

When the court places a defendant on probation, it shall require the defendant to refrain from criminal conduct and to pay a supervision fee to defray the costs of probation supervision, and it may impose any specific conditions reasonably related to his rehabilitation, including any of the following:

  1. Make a full and truthful report at the end of each month.
  2. Meet his/her specified family responsibilities, including any obligations imposed in a court order of child support.
  3. Report to the probation officer as directed.
  4. Permit the probation officer to visit him/her at his/her home or elsewhere.
  5. Devote himself/herself to an approved employment or occupation.
  6. Refrain from owning or possessing firearms or other dangerous weapons.
  7. Make reasonable reparation or restitution to the aggrieved party for damage or loss caused by his/her offense in an amount to be determined by the court.
  8. Refrain from frequenting unlawful or disreputable places or consorting with disreputable persons.
  9. Remain within the jurisdiction of the court and get the permission of the probation officer before making any change in his/her address or his/her employment.
  10. Devote himself/herself to an approved reading program at his/her cost if he/she is unable to read the English language.
  11. Perform community service work as ordered by the Court.
  12. Submit himself/herself to available medical, psychiatric, mental health, or substance abuse examination or treatment or both when deemed appropriate and ordered to do so by the probation and parole officer.
  13. Agree to searches of his/her person, property, place of residence, vehicle, or personal effects, or any or all of them, at any time, by the probation officer or the parole officer assigned to him/her, with or without a warrant of arrest or with or without a search warrant, when the probation officer or the parole officer has reasonable suspicion to believe that the person who is on probation is engaged in or has been engaged in criminal activity.

It is important to note that the judge has the right to attach additional conditions of probation as he/she sees fit.

New Orleans Probation Violations Attorney

Generally, when a probation officer files a Rule to Revoke someone’s probation it is for at least one of the following reasons:

  • Not reporting to your officer
  • Failure to pay any fines or restitution
  • Not completing community service requirements
  • Failing a drug test
  • Committing a new criminal offense

Louisiana Probation Legal Rights

  • Receive written notice of any reported violations
  • Plead your case in court to a judge.
  • Present evidence and witnesses for your case
  • Arrange for representation by a Louisiana probation attorney

A probation violation calls for a penalty for the breach of the probation conditions, which may include performing additional community service, prolonging the length of the probation, or serving time in jail. Numerous factors, such as the severity of the violation or any history of previous warnings and past violations may affect the outcome.

Penalties for a New Orleans Violation of Probation

Certain probation violations are likely to receive harsher penalties if the judge determines a violation has occurred. For example, committing a new crime, failing a drug test, or failing to meet with a probation officer is usually more serious than failing to make a payment on time. However, the type of penalty is entirely up to the judge, so it is important to have an New Orleans probation defense lawyer to advocate on your behalf.

If the judge determines at your hearing there is enough evidence that you violated the terms of your probation, your entire probation could be revoked and you could be sent to jail or prison to serve the entire sentence for your underlying offense.

Alternatively, a New Orleans probation violation could request that the terms of your probation be modified so they are easier to follow. Or, your New Orleans criminal defense lawyer could request the judge reinstate your probation as is without any additional penalty or punishment.

Additional penalties an alleged probation violator could face are:

  • Additional fines,
  • Payment of additional court fees,
  • Additional community service hours,
  • Extending the time of your probation,
  • Weekend in jail
  • Additional drug or alcohol counseling or treatment, or
  • Any other penalty as the court deems fit.

Contact: New Orleans Probation Attorney

New Orleans Probation Defense Attorney, Elizabeth B. Carpenter, never wants to see a client go to jail due to a probation violation. She is ready to hear your story today and offer assistance.

Contact her law office at 504-599-5955

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