C.G.S. § 53a-32 - Violation of Probation
Many criminal cases in Connecticut are resolved with periods of probation as part of the sentence. Connecticut General Statutes § 53a-32 concerns the procedure by which a probation officer can issue a warrant for violation of probation and the procedural rights and process that occurs during a violation of probation proceeding. Offenders can be placed on probation for a wide range of offenses, from low-level misdemeanors to serious felonies.
It is essential to understand that once your probation is violated, the procedure for adjudicating your probation violation differs significantly from a traditional criminal case.
Some of the significant differences are:
- The standard of proof for a violation is lower than in a criminal case
- A judge makes the determination not a jury
- The rules of evidence are more relaxed
Although it easier for the state to prove a probation violation under Connecticut General Statutes § 53a-32 than to convict someone in a criminal case, the court does have a lot more discretion when it comes to sentencing in a probation violation case. This is where it is imperative to work with an experienced Connecticut probation violation lawyer so you can mitigate the consequences of a probation violation.
If you are found in violation of your probation, the court has the discretion to terminate your probation, extend your probation period, add additional conditions of probation, sentence you to some period of incarceration or the entire amount of jail time that you owed from your original sentence.Elements of the Offense Which Must be Proven by The State's Attorney
To prove that a defendant has violated probation in violation of C.G.S. § 53a-32, the state must prove the following elements:
- That the defendant was on probation; and
- The defendant violated a condition of probation; or
- The defendant was arrested for violating a criminal law.
A man pleads guilty to assault in the third degree in violation of C.G.S. § 53a-61. He is given a wholly suspended one-year jail sentence and eighteen-months' probation with the special condition of no contact with the victim. During the course of his probation, the man contacts the victim. The victim contacts the man's probation officer, who then files for a warrant for violation of probation in violation of C.G.S. § 53a-32. The man could be adjudicated in violation of his probation because he violated a special condition of probation. If the man is found to be in violation of probation, the court could sentence him for up to the full 18 months in jail the man owes as a maximum sentence, but the court has a lot of discretion about what kind of punishment to impose.
A woman is placed on probation for larceny in the second degree and given a one-year jail sentence suspended and two years' probation. During the time of her probation, the woman is arrested for an unrelated crime for which a judge finds probable cause. The woman could have her probation violated per C.G.S. § 53a-32 because she violated a standard condition of probation - not to break any criminal law. The court has a lot of discretion about what kind of sentence to impose for the probation violation.Related Offenses
- Connecticut General Statutes § 53a-30 - Conditions of Probation
- Connecticut General Statutes § 53a-33 - Termination of Probation
Many clients charged with violation of probation are wrongfully accused. In many instances technical violations are alleged that never occurred. In some cases, personality conflicts arise with probation officers that lead to an arrest warrant alleging technical violations. Technical violations include:
- Failure to report for probation appointments
- Failure to seek employment
- Failure to attend drug treatment / failing drug tests
- Failure to pay restitution
- Failure to perform community service hours
- Leaving the state without permission
Generally, so-called "technical violations" are easier to resolve and more likely to result in your being placed back on probation. It is essential to review your specific situation with an experienced Connecticut probation violation lawyer to develop a case action plan.
Violations of probation also arise from those offenders who commit new offenses while on probation. Since the standard of proof is relatively low to prove that you violated your probation for a new offense, the best defense strategy is to work on mitigating the penalty. The state does not have to convict you of the new offense. They only have to demonstrate that there was probable cause for your arrest. By presenting a robust mitigation package, a skilled Connecticut probation attorney has the opportunity to convince the court not to send you to jail. The court has a lot of discretion in this area of the law to put you back on probation or extend your probation. Your goal should be to minimize the consequences and work with an experienced Connecticut probation violation lawyer.Penalties
The penalty for a violation of probation C.G.S. § 53a-32 - Violation of probation can expose you up to the maximum remaining jail sentence owed on your original sentence. The court also has the discretion to terminate your probation, place you back on probation with additional conditions, or sentence you to some of the jail time that you owe.Contact Us
Having experienced and competent legal representation is of the utmost importance when facing a probation violation allegation. Your Connecticut probation violation attorney will look into all the facts and details surrounding your arrest and review all your options. We are available to assist you all the time - even on evenings and weekends - because your case is important. Attorney Allan F. Friedman will work with you to defend your probation violation case and minimize the potential consequences. Call today and schedule a free initial consultation at (203) 357-5555 or use our online contact form.