Parole and Probation

Probation and parole are two concepts that play an important role in the Delaware legal system. Probation is a period of court-ordered supervision, usually granted in lieu of jail time, to someone convicted of an offense. Parole, on the other hand, allows for a prisoner to serve out the rest of their sentence in the community.

Both probation and parole carry certain stipulations and violations that can have serious consequences. A violation of probation lawyer is an essential ally to anyone charged with an additional crime during this time. If your freedom is being threatened by a new charge against you, contact Rahaim & Saints today.

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Probation Before Judgment

For a first time offender charged with certain misdemeanors or other violations, applying for probation before judgment — also known as a diversion program — is often the easiest way to quickly put an unfortunate lapse in judgment behind and move on with few lasting consequences.

Under probation before judgment, the accused individual admits their guilt but agrees to a period of probation in lieu of sentencing. Following the probationary period, the guilty party can apply to have all records of their crime expunged. Probationary periods vary according to the violation, though they are not allowed to exceed the maximum allotted for a specific offense, or one year.

What Does and Doesn’t Qualify

The following Delaware state code title violations qualify for probation before judgment:

  • Title 4: Alcohol-related offenses, including underage drinking or distilling liquor without a license
  • Title 7: Wildlife conservation offenses, including hunting or fishing without a license
  • Title 11: Offenses against a person, including reckless endangering and offensive touching
  • Title 21: Certain motor vehicle offenses, with the exception of driving without a license, reckless driving and other serious violations

An individual’s previous criminal history will play a role in determining whether or not they are eligible for probation before judgment. For example, probation before judgment will be denied if the guilty party has:

  • Been convicted of a previous Title 4, Title 7 or Title 21 offense in the past five years
  • Ever been convicted of a violent Title 11 felony, been convicted of a non-violent Title 11 felony in the past 10 years, or been convicted of a Title 11 misdemeanor in the past five years.

Even if you meet these conditions, probation is not automatically awarded. In Delaware, a probation before judgment lawyer can increase your chances of a successful application.

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Violations of Probation and Parole

Violations of probation or parole are serious offenses that can result in a return to prison or a mark on your permanent record. Rahaim & Saints is a Delaware parole and probation law firm that will help you fight these charges and may be able to get them dismissed quickly. Our violation of parole lawyers play an important role in speaking up for anyone in danger of returning to prison.

To find out what we may be able to do for you, call today to schedule a free appointment with one of our parole or probation attorneys. We have offices in Newark and Wilmington and can serve clients through the state, including Dover, Glasgow and beyond.