Probation & Parole Violations Defense Lawyer
The best thing you can do when you get out of the system is STAY out of the system. However, sometimes people make mistakes. If you’ve been cited with a probation or parole violation, schedule a FREE consultation with Stuart Cearley today to discuss your case details and figure out what your options are.
What are Probation and Parole Violations?
Probation and Parole are both considered community corrections, both involving supervision in the community, but they differ in other respects. Probation is a sentencing option available to local judges, where offenders are released with court-imposed conditions in the community for a specified timeframe, and therefore avoid jailtime. The court retains the power to modify, cancel, or supervise the probation sentence if the terms are violated. In contrast, parole is considered the supervised early release of an inmate from a correctional institution due to good behavior. The parole board carries the authority to release offenders from prisons and to set the conditions of the terms of their release in the community.
Both parole and probation often comes with support from Arkansas Community Correction to aid in the success of the offender. This case management system provides the supervision of offenders and provides supports and linkages to treatment for various addictions, counseling support, life skills, and employment support to enhance the offender’s success in the community. In Arkansas there are also specialty courts that deal with medium and high-risk offenders with specialized needs of the offenders.
Probation Violations
If a violation of probation conditions takes place, the defendant will be asked to appear in court and run the chance of facing a more severe sentence. Once in court, the state will have to prove to the “reasonable satisfaction” standard that the offender violated in the terms of their probation. If it is found that the accused has not violated the probation, they will return to serve the remainder of their probation in the community. If the offender is deemed to have violated the terms of their probation, they may be incarcerated for the maximum period of their offense.
Violations can occur due to many reasons including associating with the wrong people, missing appointments with your probation officer, not paying fines and fees, and violating the law and committing a crime while you are on probation. You could hbe held without bond while waiting for the resolution of your case. Having strong legal representation to ensure your rights are protected and that you receive a fair hearing is essential. Stuart Cearley, a skilled, experienced lawyer will work tirelessly to uphold your probation terms and keep you in the community.
Parole Violations
The parole board can issue a warrant for the arrest of the offender for violating any of the conditions of parole. Any parole officer may arrest a parolee without a warrant or deputize an officer that has power to arrest by giving the officer a written statement setting forth that parolee. A parolee that has been arrested for violating their parole or is suspected of committing a new crime will be entitled to a preliminary hearing to determine reasonable cause. If the parole revocation judge determines that there is reasonable cause to believe the parolee has violated conditions of the parole, the judge may then order the parolee to return to the nearest prison. Parole violation hearings are scheduled quickly, and the accused may not have time to access a lawyer to represent them. When serving time on a parole violation it’s important that a qualified attorney represent you so they may can confer with the parole officer regarding the sentencing. The parole violator may be able to get credit on sentences or unresolved charges depending on their circumstances. Having a skilled lawyer navigate this process is critical.
Stuart Cearley knows both sides of a courtroom intimately He has worked as a Chief Deputy Prosecuting Attorney in both Benton and Lonoke Counties in Arkansas and knows how prosecutors plan their cases against defendants. With him as your criminal defense attorney, you can be sure he will anticipate prosecutorial moves, thoroughly assess evidence, establish a solid defense plan and provide you with the legal support you deserve so you can remain in the community.