Call Top Rhode Island Probation Violation Defense Attorneys at the Law Office Of John E. MacDonald, Inc.
In Rhode Island, probation violations are the most common way to end up in jail. Alleged violators of probation are typically denied bail and forced to wait two weeks or longer for a violation hearing. The standard at a probation violation is extremely low – a judge need only be reasonably satisfied by a preponderance of the evidence that the defendant did not keep the peace or be of good behavior. Hearsay evidence is generally allowed as is evidence seized in violation of the Fourth Amendment. In District Court, the negotiations may include home confinement, time-served or a sentence of 1 to 6 months to serve. Alleged violators of Superior Court probation are generally facing much higher sanctions. This is because, in Rhode Island, a violator of probation faces the maximum suspended time on their sentence even if nearly completed or, if they are on straight probation, the maximum sentence for that particular charge.
If you or a loved one is facing a probation violation, do not take chances with your representation. Attorney John E. MacDonald has successfully resolved probation violations for the last 25+ years. He aggressively represents his clients’ interests and ensures that they are released from incarceration as quickly as possible. It starts with a thorough investigation of the case, interviews with all potential witnesses and continues with negotiations with the prosecutor and judge. If a hearing is in the client’s interests, all steps are taken to ensure that the client is found not to be in violation of probation.
Violation of Probation Successfully Averted Client was charged as a technical violator of probation for not strictly complying with the special conditions of probation imposed upon him after his plea to possession of child pornography. Client was arrested and detained. Attorney John E. MacDonald was retained to intervene. He successfully argued for client’s release and assisted client to ensure his was fully compliant with all conditions of probation. After two court reviews, the violation of probation ended and jail was averted.
Client recently obtained probation in superior court and within one month was arrested on charges and DUI and refusal to submit to a breathalyzer. Attorney John E. MacDonald was retained to assist client. Along with Attorney John P. Larochelle, they successfully argued for client’s release from custody and negotiated a resolution for no jail time on the violation of probation.
Call the Law Office Of John E. MacDonald, Inc. at 401.421.1440, to schedule your free legal consultation today.
Probation Violation Case Examples
Client charged with being the violator of his Superior Court probation based upon a violation of a no-contact order. The offer was an extensive jail sentence which was rejected and the matter proceeded to a violation hearing. Attorney MacDonald aggressively cross-examined the complainant and called multiple witnesses which proved that his client was not anywhere near the alleged place in question. After hearing, the trial judge found the defendant not to be a violator of probation. Client was released and the new charges were eventually dismissed.
Client was arrested for driving a motor vehicle without consent. He was also on Superior Court probation for a controlled substance offense. Attorney MacDonald successfully argued for his client’s release on bail while awaiting a violation hearing. Once client completed substance abuse treatment, the felony charge of driving without consent was amended to a misdemeanor and the client continued on the same probation.
Client is arrested for possession of a controlled substance while on probation and a suspended sentence in Superior and District Court for the same charges. Attorney MacDonald successfully advocated for his client’s release into a treatment program. After his client completed the program, he was continued on the same period of probation and received a concurrent suspended sentence on the new charge.
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter. Also, the Rhode Island Supreme Court licenses all lawyers in the general practice of law, but does not license or certify any lawyer as an expert or specialist in any field of practice.