Here’s an overview of the three most common mistakes made by individuals on Probation and are found to be in violation.
One, don’t confess or admit to any aspect of the VOP before talking to an attorney. If you go to your VOP arraignment court date and enter any admission to any enumerated basis of the violation, then you are potentially subject to be sentenced to the statutory maximum jail or prison sentence for the underlying original charge.
If it is a first degree misdemeanor, that could mean 1 year in jail. If it is a third degree felony, that equates to a possible 5 year prison term!
Two, do not be rushed or pushed into admitting the VOP, even if you think there is little hope of winning the case. Only an experienced criminal defense attorney will know what defenses are available for your specific situation.
And only an experienced attorney will be able to present relevant factual mitigation that could help the judge decide in your favor.
Three, don’t allow yourself to be set up for failure by taking a deal that sounds good on the surface, but traps you in the end. Suspended sentences, lengthy community control sanctions, house arrest, and weekend jail terms all fall into this category.