I am currently on probation for a misdemeanor domestic violence charge. I recently received a summons to appear for a violation of probation hearing. I missed an appointment and payments. The reason I am in violation is because I was dealing with some serious personal issues. I was raped the month before and I was and still am dealing with the physical and emotional pain as a result. I have been in and out of the emergency room for injuries to my back. I could not afford my payments to the court as the medication I was prescribed was not covered by my insurance and I have had a lot of co-pays for the doctors visits I have had to go to. The HIV prophylaxis I was on for 28 days made me very ill. I understand I should have contacted the court and my probation officer, I was just dealing with a lot and not thinking clearly. I am worried about my probation being revoked. Will the judge and probation officer take into consideration what I have been through that caused my violations? Thank you for reading and hopefully answering.
Answer
Everyone has reasons for violating probation. Some are good, some not so much. I think your reasons are certainly compelling and with the right attorney arguing for you, you might come out all right in the end. I see you are in Canton. Is that the court you are in? I work there regularly as my old office was in Canton. Call me to discuss your matter. Tim Klisz
Answer
Keep in mind that judges and probation officers hear everything in terms of excuses for not complying with probation orders. Some are more compelling and legitimate than others. In any event, you need a lawyer advocating hard for you at your probation violation hearing. Look for someone that makes criminal defense a primary part of their practice with experience in handling probation violations, preferably infront of your particular judge.
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