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How To Prepare For A Probation Violation Hearing In Delaware


Every US state has some version of probation for criminal activity, and Delaware’s laws allow a person to take advantage of the benefits for a wide range of offenses. The Delaware Bureau of Community Corrections describes the different levels of probation available, from Level 1 low supervision to Level IV home confinement. While on probation, the court will set the terms and rules that you must follow based upon the crime and your specific circumstances. The benefit is that you avoid jail time and can maintain a somewhat normal life, including employment, school, and family responsibilities.

With any level of probation, strict compliance with the rules is absolutely critical. Unfortunately, there may be reasons you were unable to meet the requirements, and you could face a violation of probation hearing. This proceeding is very important for your case, so proper preparation is essential. Your first step should be retaining a Wilmington probation violation attorney to represent you, and some additional tips will help you get ready.

Carefully Review the Court Documents: Even if you have an idea of why you are facing a violation of probation, you must read through the paperwork you received regarding the upcoming hearing. It will contain the details on exactly how you failed to comply with the terms of your probation. This information forms the foundation for strategy and how you will address the court.

 Gather Important Evidence: Depending on what is alleged for your probation violation, you should review and collect all evidence that might be helpful as proof. For instance:

  • If you did not show for a meeting with your probation officer, make sure to have information that explains why. Medical records from a visit to the doctor or a note from your boss may prove that you have a reasonable reason for not attending.
  • Get bank statements showing that you paid court costs or restitution to victims.
  • For a failed drug test violation of probation, have the prescription for your medication handy.

Dress Professionally: At one of the most important legal proceedings of your life, make sure you create a positive impression for the court and jurors. Dress as you would for a job interview at a large, successful corporation. A suit with a skirt or pants is best, but you can also wear a collared shirt and tie. Shave, brush hair, and groom for a clean appearance.

 Polish Up Your Manners: Almost every sentence you speak should include Please, Thank You, and Sir or Madam. Treat everyone in the courtroom with respect, including the judge, court clerk, bailiff, and the prosecutor. Your attorney will take the lead with most aspects of the hearing, but you can do your part with politeness.

Trust Your Delaware Probation Violation Lawyer for Help

It is important to prepare for your hearing as far in advance as possible, so please contact Attorney Michael W. Modica right away. You can reach our Wilmington, DE office at 302.600.1262 or via our website. We are happy to set up a consultation to discuss strategy for a Delaware probation violation hearing.



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