Probation offers a second chance, allowing individuals convicted of a crime to serve their
sentence within the community under court supervision, rather than in jail or prison. However,
the terms of probation are strict, and even a minor misstep can lead to a probation violation,
potentially resulting in severe consequences, including the revocation of your probation and
being sent to jail or prison.
If you are facing a probation violation in Lake Charles, Louisiana, you need immediate and
aggressive legal representation. At The Colonna Law Firm, LLC, our dedicated Lake Charles
Criminal Defense Attorney, Jacob Colonna, understands the complexities of Louisiana’s
probation laws and the high stakes involved. We are committed to protecting your rights and
fighting to keep you out of incarceration.
Do not try to handle a probation violation on your own. The stakes are incredibly high, and
you have the right to legal counsel.
Understanding Probation in Louisiana
Probation is a privilege, not a right, granted by a judge as an alternative to incarceration. It comes
with specific conditions you must follow for a set period. In Louisiana, the Division of
Probation and Parole supervises adult offenders on probation.
Common Conditions of Probation in Louisiana:
While conditions can vary based on the original offense and the judge’s discretion, common
terms of probation in Louisiana include:
Regular Reporting: Meeting with your probation officer as directed (e.g., monthly).
Avoiding New Criminal Activity: You cannot commit any new crimes, whether a
misdemeanor or a felony.
Mandatory Drug/Alcohol Testing: Submitting to random drug and alcohol screenings.
Attending Court-Ordered Programs: Completing substance abuse counseling, anger
management, domestic violence intervention, or other treatment.
Paying Fines, Restitution, and Court Fees: Staying current on all financial obligations
imposed by the court.
Community Service: Performing required hours of community service.
Maintaining Employment/Education: Actively seeking or maintaining a job or
attending an educational program.
Residing in Approved Location: Not changing your address without your probation
officer’s permission.
Geographic Restrictions: Remaining within the court’s jurisdiction (e.g., Calcasieu
Parish) and obtaining permission before traveling out of state.
No Association with Criminals: Refraining from associating with known felons or
individuals involved in criminal activity.
No Firearms: Refraining from owning or possessing firearms or other dangerous
weapons.
Permitting Home/Vehicle Visits: Allowing your probation officer to visit your home or
conduct searches of your person, property, or vehicle, with or without a warrant, if they
suspect criminal activity or a violation.
Types of Probation Violations in Louisiana
Probation violations generally fall into two main categories:
- Technical Violations: These are violations of the rules or conditions of your probation
that do not involve committing a new crime.
o Examples:
Missing a scheduled meeting with your probation officer.
Failing a drug or alcohol test.
Not completing required community service hours.
Failing to pay fines, fees, or restitution.
Traveling out of state or changing residence without permission.
Not attending required counseling or treatment programs. - Substantive Violations: These are considered more serious because they involve the
commission of a new crime while on probation.
o Examples:
Being arrested or charged with a new misdemeanor or felony offense.
Committing a domestic abuse battery.
Violating a protective order.
Illegal possession of a firearm.
Absconding from supervision (willfully making your whereabouts
unknown).
Important Note: Even if the new alleged criminal act is misdemeanor possession of marijuana
or tetrahydrocannabinol (THC), Louisiana law now categorizes it as a “technical violation” for
the purpose of administrative sanctions, which can offer alternative outcomes to immediate
revocation. However, any new arrest can still trigger a violation.
What Happens When You Violate Probation in Lake Charles, LA?
If your probation officer believes you have violated a condition, they will typically file a
Violation Report with the court. This can lead to:
- Arrest or Summons: The judge may issue an arrest warrant for you, leading to your
immediate incarceration, or a summons requiring your appearance at a hearing. - Detention: You may be held in jail without bond until your probation revocation hearing,
which can take days or even weeks. - Probation Revocation Hearing: This is a critical court proceeding where the judge will
determine if a violation occurred.
o Burden of Proof: Unlike a criminal trial (beyond a reasonable doubt), the
prosecution’s burden of proof in a probation violation hearing is much lower,
typically a preponderance of the evidence (meaning it’s “more likely than not”
that a violation occurred).
o Your Rights: You have the right to be present, to present evidence, to have
witnesses testify on your behalf, and most importantly, to be represented by an
attorney. - Judge’s Decision and Potential Penalties: The judge has broad discretion in
determining the consequences of a violation. Possible outcomes include:
o Warning/Reprimand: For minor, first-time technical violations.
o Increased Supervision: More frequent check-ins, stricter reporting.
o Additional Conditions: New requirements like more community service,
additional counseling, or stricter curfews.
o Extension of Probation: Lengthening the remaining term of your probation.
o Administrative Sanctions (for Technical Violations): For certain technical
violations, a probation agency may impose structured sanctions like short jail
stays (up to 10 days per violation, max 60 days/year) or participation in specific
programs, without a full court hearing, if you waive your right to a hearing and
admit the violation.
o Revocation of Probation: This is the most severe consequence. If probation is
revoked, the judge can order you to serve all or a portion of your original
suspended sentence in jail or prison.
o New Charges: If the violation was a new crime, you will face separate
prosecution for that offense in addition to the probation violation.
Why You Need a Lake Charles Probation Violation Lawyer
A probation violation hearing is a serious legal proceeding where your freedom is on the line.
Navigating this process without experienced legal counsel significantly increases your risk of
being sent to jail or prison. At The Colonna Law Firm, LLC, our Lake Charles Probation
Violation Attorney, Jacob Colonna, provides crucial assistance by:
Immediate Action: Advising you on what to do immediately after an alleged violation or
arrest to protect your rights.
Understanding the Allegations: Thoroughly reviewing the violation report and
understanding the specific accusations against you.
Gathering Evidence: Collecting evidence, witness testimony, or documentation that can
prove compliance or offer mitigating circumstances (e.g., medical records, employment
verification, proof of payments).
Challenging the Violation: Arguing against the alleged violation, questioning the
probation officer’s report, or presenting evidence that disproves the accusation.
Negotiating with the Prosecution: Seeking to resolve the violation with your probation
officer or prosecutor, aiming for reinstatement of probation or lighter penalties.
Aggressive Representation at Hearing: Vigorously defending you in court, presenting a
compelling case to the judge to avoid revocation and protect your freedom.
Advocating for Alternatives: Arguing for alternatives to incarceration, such as extended
probation, additional counseling, or community service.
If you or a loved one has been accused of a probation violation in Lake Charles, LA, or
Calcasieu Parish, do not delay. Your freedom and future are at stake.
Contact The Colonna Law Firm, LLC IMMEDIATELY for a free and confidential
consultation. Let us fight to keep you out of jail and on the right track.