Shreveport - Bossier City Expungement Attorneys

Shreveport - Bossier City Expungement Attorneys

If you're serving a sentence of probation and have been accused of violating the conditions of your probation, you may be facing serious consequences, including the reinstatement of your prison sentence. You need an experienced attorney who will defend you against the probation violation, and help keep you out of prison.

Shreveport probation violation attorney Ebonee Norris will provide the knowledgeable and aggressive representation you need to help you preserve your freedom. Contact The Norris Law Group today by calling us at (318) 771-7000 or by reaching out to us online.

What Is a Probation Violation?

After you are convicted of a crime, the judge may decide to suspend your sentence and instead place you on probation.

When you are placed on probation following the conviction of a crime, the court orders you to follow a certain set of conditions. These probation conditions, a full list of which is provided by the Louisiana Department of Corrections, can include:

  • Reporting to the division of probation and parole as directed
  • Permitting the probation officer to visit you at your home or elsewhere
  • Remaining within the jurisdiction
  • Refraining from committing any crimes
  • Refraining from possessing firearms or other weapons
  • Performing unpaid community service
  • Submitting to drug/alcohol or mental health testing when directed by probation officers
  • Permitting searches of home, vehicle, or person at any time, with or without a warrant, if probation officers suspect you are engaged or have been engaged in criminal activity
  • Fulfilling alimony and child support obligations

The court may impose conditions not listed by the DOC, if the court determines such conditions are reasonably related to your rehabilitation.

If you are believed to have violated these or any other condition of your probation, either by the division of probation and parole or by another law enforcement agency, you will be charged with violating the conditions of probation.

What Happens If I'm Charged with a Probation Violation?

If you're charged with a probation violation, you'll most likely be taken to jail. In certain circumstances, such as a minor or financial violation of your conditions of probation, the court may simply issue a summons directing you to appear for the date of your revocation hearing.

At your revocation hearing, the state will need to prove the allegations of your probation violation. Unlike in a criminal trial where the state's burden of proof is beyond a reasonable doubt, at a probation revocation hearing the state only need to prove its allegations by a "preponderance of the evidence." This simply means that it was more likely than not that you violated the conditions of your parole.

If you are found guilty by the court of violating the conditions of your parole, you will proceed to sentencing, where the court will consider the seriousness of your violation, your history of prior violations, and other aggravating or mitigating circumstances to determine your penalty.

What Are the Penalties for a Probation Violation?

The penalties for violating probation are set forth in Louisiana Code of Criminal Procedure 900. If the court finds that you have violated or were about to violate a condition of your probation, it can impose one or more of the following penalties:

  • Reprimand or warning
  • Intensify your supervision
  • Add conditions to your existing probation
  • Order you, as an additional condition of probation, to be committed to a court approved community rehabilitation center for a period of no more than six months provided there is space available, your sentence was suspended pursuant to Article 893, your commitment will not exceed the maximum amount of probation allowed by law, your violation did not involve committing another felony, and your placement is recommended by the division of probation and parole
  • Order your probation revoked, in which case you will serve your suspended sentence, with or without credit for time served on probation
  • Order you committed to serve a sentence of no more than 12 months in the intensive incarceration program, after which you will return to supervised probation with the drug division probation program, if you are on probation with the drug division probation program and have your probation revoked for a technical violation of the program
  • Order you to serve a sentence of 15 to 90 days, depending on how many violations you've committed, if you were convicted for a crime other than a crime of violence or certain sex offenses, and if you've committed a technical violation of your probation
  • Extend the period of probation, so long as the total time you serve on probation does not exceed the maximum period permitted by law.

The statute defines a "technical violation" as a violation of any condition of your parole if it is not:

  • An allegation of a criminal act subsequently proven to be a felony
  • An allegation of a criminal act subsequently proven to be an intentional misdemeanor against a person
  • A violation of a protective order
  • Possession of a firearm or prohibited weapon
  • Fleeing from the jurisdiction of the court

The exact penalties you may face as a result of violating your probation will vary depending on the details of your case.

How Can a Probation Violation Attorney Help Me?

If you've been accused of violating the conditions of your probation, Attorney Ebonee Norris can help you protect your freedom. She will work hard to help you understand the charges against you and help you navigate the probation revocation process.

Our goal is to have your charges dropped and, if you are convicted of your charges, to minimize the penalties levied against you. Above all else, we work to help you avoid reinstatement of your prison sentence or imposition of other incarceration. If your probation requirements are too difficult to follow, leading to your violation, we can make a case for altering the requirements and dropping the charges against you. We are knowledgeable problem-solvers who will work to craft the best possible defense for your case.

Contact the Probation Violation Attorneys of The Norris Law Group Today

When you're facing an accusation that you violated the terms of your probation, you need to act quickly to potentially avoid serious consequences. Even a seemingly minor infraction can result in the reinstatement of your prison sentence.

Contact Shreveport - Bossier City probation violation attorney Ebonee Norris, of The Norris Law Group, today, to schedule a confidential consultation to discuss your case. Call us at (318) 771-7000, or contact us online to schedule a confidential consultation today.