There is no other proceeding in the legal world that involves a dynamic combination of both luck and skill like a probation violation. While there are plenty of situations in which the allegations in a violation are untrue, in the real world, more often than not, it comes down to a person either having done something they weren’t supposed to do, or not doing something that was required of them. The notion that properly handling these cases involves both luck and skill is very real, and makes the whole thing more of an art, rather than anything else.
In terms of luck, this means that, on the one hand, if a case has been assigned to the most impatient Judge around who is known for not being interested in any excuses about anything, that’s bad luck. On the other hand, if the presiding Judge is known to be “forgiving,” then that’s good luck. Unfortunately, there is nothing that can be done about the Judge to whom a case is assigned, other than to make the best of the situation.
And there we get to the skill part of this: the lawyer must make take into account and work around the temperament of the specific Judge assigned to the case. It is critical to have a lawyer who is familiar with the court and knows how that Judge does things. As much as a lawyer needs to talk his or her client out of trouble, knowing the Judge and what will (and won’t) fly with him or her will help avoid talking the client into trouble, as well. For as much as my team and I talk, we also know when to shut up, and that’s important, as well.