Skilled Representation Against Probation Violation Matters
Probation gives someone the opportunity to remain out of prison while still serving a sentence for their conviction. However, probation is still something that can be taken away due to a probation violation. If you have been accused of violating your probation, your freedom and future are on the line.
I am D. Sonny Walter, Attorney At Law, a South Dakota criminal defense attorney who has more than 30 years of experience defending clients against criminal charges and probation violation matters. From my Sioux Falls office, I can help you through all the challenges of every step in your probation violation case.
Understanding The Probation Violation Procedure
Probation is a sentence handed down by the court that allows individuals to serve all or part of their sentence outside of jail or prison, as long as they follow certain conditions set by the court. If a person violates their probation, the court can choose to revoke it and impose additional penalties, including jail or pen time. In South Dakota, the procedure for handling probation violations is as follows:
- Reporting the violation: The probation officer is responsible for reporting any violations of the probation conditions to the court. The probation officer may also make an arrest or request that the person be arrested.
- Warrant or summons: If the probation officer determines that a probation violation has occurred, they can request that a warrant be issued for the person’s arrest or issue a summons for them to appear in court.
- Hearing: If a warrant is issued, the person will be arrested and brought before the court for a hearing. If a summons is issued, the person must appear in court on the specified date. At the hearing, the person has the right to an attorney, the right to present evidence, and the right to cross-examine witnesses. The individual has a right to a hearing in front of the judge, not a jury trial. The judge only has to be reasonably satisfied that the person violated their probation conditions. The “reasonable satisfaction standard” is the lowest burden of proof in the law.
- Decision: After considering the evidence, the court will make a decision on whether the probation violation occurred to his or her reasonable satisfaction and what the appropriate penalties should be. If the violation is found to have occurred, the court may revoke the probation and impose additional penalties, including jail or pen time.
I am here to stand by your side through every step of your probation violation matter, and I can also step into your case, no matter where you are in the process.
Differences In Rights In Our State
South Dakota is an “open probation” state, which means that probationers have fewer rights and restrictions compared to other states. In South Dakota, probationers can be searched without a warrant and can have their probation revoked for even minor violations, such as failing a drug test. Probationers in South Dakota also have limited rights to privacy and cannot challenge the evidence presented against them.
Let Me Protect Your Rights
It is important for individuals on probation in South Dakota to understand the procedure for handling probation violations and the differences in rights compared to other states. By following the conditions set by the court and understanding the consequences of a violation, individuals can avoid having their probation revoked and potentially facing jail time.
If you want to meet with an attorney you can trust to fight for you, contact me today by calling 605-450-6182 or emailing me here. The sooner you reach out to me, the sooner I can begin developing a personalized representation plan to protect your future.