Can someone appeal a probation violation charge that was in superior court when judgement took place?
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My brother is a probation officer so I asked him your question. Here is his reply:
"Is that a Federal Probation? I know in Texas district and county courts you have 30 days to file an appeal when you accept a probation. I’m not sure about Federal ones though. For a probation violation it’s a little different. You’ve already been on probation for quite some time, have accrued multiple violations or committed a new offense to send it back to court. At that point you would need to hire a lawyer to contest the violations brought against you. I don’t think you can appeal this if the violations are proved to be true but I can look into it if you want."
Hope this helps a little.
It is difficult to appeal a probation violation. A person on probation has been convicted of a crime. Once conviceted, the person can be sentenced to probation instead of or in additional to jail time, or a person can be released from prison on probation. Either way, individuals on probation cannot break any laws.
You can, in most cases, appeal the violation because of circumstance or mistaken cause. But in general, it is difficult to be successful in such cases. Probation violations are determined by probation officers and/or officers at the scene of an incident where the violation took place. So if am living with other convicted felons, that is a violation, or if I have a gun, for example, and the court is almost always more likely to take the word of a law enforcement officer over mine if I have already been convicted of a crime.
Yes, you can appeal a probation violation charge but the odds of you winning this appeal are slim. Because probationer's have already been convicted of some crime the probation can be revoked for an additional crime and the original sentence may be imposed. I suggest that you consult your attorney. Just because someone is on probation does not mean they are guilty of any additional charge. Your lawyer should investigate this additional charge to see if it has merit.
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