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Probation Violation

Delaware Probation Violation Defense Lawyer

Probation Violations and Bench Warrants Attorney Delaware

I advise my clients to take care of these issues as soon as possible, to avoid being arrested when bail or a courtroom defense has not been arranged. You will sleep better at a minimum. Peace of mind has its benefits. Here is a rule to live by: we should all confront bad news immediately, the good news can wait. First things first. A probation violation or a capias bench warrant will not go away. More likely, it can wreck your life.

On the other hand, so often it seems a person feels like they have been placed on probation "forever." Even where my clients has been on probation for a long time, it seems like the system will not let up. I aggressively defend my clients throughout Delaware who have probation violations or bench warrants. I find that a lot of my clients simply get "worn out" by being on probation for so long! Unfortunately, this is fertile ground for a person to violate his probation. If the system will not let up, neither can you!

There are Two Sides to Every Story

Probation violations are particularly serious for several reasons. First of all, when someone is charged with a violating their probation, the only relevant issue is whether or not the person violated a special condition imposed by the judge at sentencing. It is no longer important whether or not the person committed the underlying crime, has a defense to the underlying crime, or took a plea out of convenience. Even if you have violated your conditions, I can help so often. Remember, there are two sides to every story. Believe me, with me your side of the story will be clearly expressed to the judge. It may make a huge difference in the sentence you receive. If you are right about something, do not be afraid to express it through your lawyer. JUDGES GET PAID TO LISTEN.

Remember, with a probation violation many times the person is facing the same punishment he or she could have received originally when they were accused of the crime. For example, if someone pled no contest to a felony and is charged with a probation violation, they could easily face many years in jail. .Another distinguishing factor of a probation violation is that the judge is the trier of fact - not a jury. Additionally, the prosecutor only has to prove that somebody violated their probation or community control by a preponderance of the evidence. This is in contrast to the higher standard of proof beyond a reasonable doubt used in criminal cases. For these reasons it is absolutely imperative that a person charged with a violation of probation have an aggressive and experienced attorney to represent them.

Spend the Money on a Private Attorney. Do not use a Public Defender or a so called Public Defender "Conflict Lawyer."

It never ceases to amaze me that so often a person will spend substantial sums to be defended on the original criminal charge, but spend little or no money on a probation violation that can carry as much time in prison as the original charge. How can they be so foolish, I ask myself? Often times people will even try to represent themselves, and face a determined probation officer in court, an experienced prosecutor and an unhappy judge. This is a recipe for a disastrous sentence on the probation violation.

I have represented numerous individuals for their probation violations. it is generally money that is well spent. Many people let small probation violations turn into catastrophes. A little planning and a little preparation with an experienced criminal defense attorney can go a long way in containing a probation violation.

One more thought: In most cases it really is true: You get what you pay for! If you can it generally makes sense to hire a truly private attorney, somebody you are paying, not somebody the Delaware state government is paying.

Delaware Capias and Bench Warrants

You may have failed to appear for a new case or for a hearing. Failing to appear or failing to comply with a lawful Court Order will result a warrant for your arrest to be issued. I will assist you in clearing up the warrant as soon as possible.

I will work on removing warrants before a client even appears in court, depending on the type of charges and amount of bail set. Even where a client has already been arrested for a warrant, I will go to court to obtain bail and get my client out of police custody.


Remember this: Judges and Prosecutors always appreciate clients voluntarily coming to Court to make a "good faith" effort to correct this problem, regardless of how long it has been since the warrant or failure to appear was issued. It is never too late! Call me, I can help.

Contact A Delaware Probation Violation Lawyer

If you are on probation and have somehow violated the terms of your probation it makes sense to have a skilled, qualified and tenacious Probation Violation Lawyer on your side. Contact The Law office of Kevin P. O'Neill at 302 622 9500. Or, email him by clicking here.