BLOSSER Cases and issues we address
- New-law violations while on community control
- Positive or missed drug tests and treatment-related allegations
- Reporting, residence, employment, travel, or contact-condition violations
- Nonpayment, incomplete programming, and technical violations
What careful case preparation examines
What condition was allegedly violated?
The defense begins with the sentencing entry and supervision terms. Conditions should be identified precisely, and the State must present sufficient evidence that a violation occurred.
Contesting unreliable allegations
A new arrest is not a conviction. Test results, hearsay, reporting records, location data, communications, and probation notes may require challenge or explanation. Counsel can request disclosure and prepare for the hearing.
Responding rather than disappearing
Ignoring an alleged violation can lead to a warrant and fewer options. When safe and appropriate, counsel can communicate with supervision, arrange an appearance, document compliance, and present a plan for correction.
Sanctions and mitigation
The court’s options depend on the original sentence, notices given at sentencing, the type of violation, statutory law, and the case history. Treatment, stable housing, employment, transportation, and verified progress can be important.
Frequently asked questions
Is a probation-violation hearing the same as a new trial?
No. It is a proceeding about compliance with community-control conditions and uses different procedures. A related new criminal case remains separate and requires careful coordination.
Can I be jailed for a technical violation?
Possible sanctions depend on the governing statute, the original sentencing entry, the nature of the conduct, and case history. Some situations are subject to statutory limitations; others may expose a person to a reserved prison term.
Should I admit the violation to my probation officer?
You should be truthful about required information, but statements may affect both the violation and a new criminal case. Seek legal advice promptly before giving a detailed account.