Probation Violation Lawyer in Las Cruces

Experienced Representation for Probation Violations in New Mexico

If you enter a plea or are convicted in court of a crime in New Mexico, you may be placed on probation. Probation occurs when a person is released by the court without imprisonment after a guilty plea or verdict. The sentence that they would have served is usually suspended or deferred as long as certain conditions, known as the terms of probation, are met.

At any point if the court finds that you have violated a term of your probation, the court may issue a warrant for your arrest. The court may also issue a notice to appear. At the court appearance, your probation could be revoked, and you could face additional penalties. In some cases, the court may choose to impose the original sentence meaning you could be imprisoned. That is why it is critical to have skilled legal counsel to help you get the best outcome possible.

Protect your freedom. Call the Aranda Law Firm at (575) 386-5100 to speak with an experienced probation violation lawyer in Las Cruces.

Common Probation Violations in New Mexico

A probation violation can include any time that a condition of a court order is not met, including if you are arrested for a new offense. Any violation of a term of your probation could result in a warrant being issued for your arrest.

Common probation violations in New Mexico:

Failing to report to your probation officer
Leaving the county or state without permission
Failing to enroll or complete a court-ordered treatment program
Being arrested for a new offense
Failing a court-ordered drug or alcohol test
Not paying restitution
Violating a protection order
Not paying court-ordered fines

If you enter a plea or are found guilty of a crime, it is imperative that you understand all of the terms of your probation or the conditions of your sentencing. Failing to complete any court order could result in serious consequences, including the original sentence being imposed. Under most circumstances, the sentence has been deferred or suspended but can be reinstated.

Probation Violation Penalties

According to the New Mexico Statutes Annotated § 31-21-5, probation is the procedure in which a person who has been found guilty by verdict or plea to a crime is released without imprisonment. The sentence is suspended or deferred but subject to conditions.

The conditions are set forth by the court and must be followed in order to avoid additional penalties or the imposition of a suspended or deferred sentence.

Probation violation penalties may include:

Jail or prison time
A warrant issued for your arrest
Imposition of the original sentence
Additional conditions
Additional supervision
Drug or alcohol tests
A treatment program

The court has a large amount of discretion in how they treat your violation of probation in Las Cruces. It is important to work with an attorney to determine the best course of action if you have knowingly or unintentionally violated your probation.

Will I Go to Jail for Violating Probation?

While probation violations are taken very seriously in Las Cruces, New Mexico, they do not automatically result in jail time. The court will decide what penalty to give you if they find proof that you have violated your probation. In most instances, the court will take several factors into consideration, such as whether you have previously violated your probation and the seriousness of the condition that was violated when determining your sentencing.

Understanding Your Terms of Probation

In order to avoid a violation of probation, you need to ensure that you fully understand the terms of your probation. All court orders or terms of your probation must be followed. Even failing to complete a court-ordered program such as your community service can result in a violation.

When you receive your sentencing paperwork, it is strongly recommended that you go through the document line by line. Mark on your calendar any dates of enrollment or completion that you must comply with, and make sure that all fines are paid timely. Do not miss appointments or meetings with your probation officer, and be sure that you comply with any additional orders, such as not leaving the county where you reside.

Probation Revocation Hearings in New Mexico

If the court believes that you have violated your probation, a warrant may be issued for your arrest, or you may receive a notice to appear. With any violation of probation, you generally have the right to a probation revocation hearing within 30 days of your arrest.

During the probation revocation hearing or hearings, the court will decide if the prosecution has met its burden of proof that, within “reasonable certainty,” you willfully violated your probation.

You have the right to legal counsel throughout the process and should exercise that right. Additionally, you have the right to discovery, notice of the allegations, and more. Understanding your rights can be critical to a positive outcome in your case.

Exercising Your Right to Legal Counsel

There are numerous possible outcomes of a probation revocation hearing. For instance, the judge may reinstate your probation, finding that the prosecutor did not meet their burden of proof that you willfully violated it. However, you could also face significant penalties if the court agrees with the district attorney that you violated a court order.

At all stages of the legal process, you should exercise your right to legal representation. An attorney can help you navigate the criminal courts and work to ensure you receive the most favorable disposition possible in your case.

Speak with a Qualified Probation Violation Lawyer in Las Cruces

The consequences of violating your parole can have long-lasting effects. That is why it is highly critical that you take immediate steps to protect yourself. Contact the Aranda Law Firm today at (575) 386-5100 to learn how an experienced criminal defense attorney can help.