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AVUKAT SABRİ GÜNGEN
Siverek, Turkey

1 person in their team
AVUKAT SABRİ GÜNGEN is a Siverek-based legal practice serving clients in Şanlıurfa and across Turkey. Its stated focus is criminal defense and human rights law, with representation in criminal proceedings and individual applications to national and international human rights courts.The practice...
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What happens after a probation breach in Siverek?

In Turkey, a breach of probation conditions can have different consequences depending on the legal basis for supervision. A person serving a sentence under supervised release may face action affecting how the remaining sentence is served, while a breach of judicial control during a criminal investigation or trial may lead the court to reconsider detention.

In Siverek, the written order and the probation plan determine where to report, which activities to attend, and what restrictions apply. The relevant file may involve the Siverek Courthouse or a probation directorate serving the area. Check the order for the responsible office and contact details rather than assuming that every case follows the same route.

A missed appointment, address change, or failure to attend a required programme should be addressed promptly and documented. A lawyer can review the notice, explain the applicable procedure, and present evidence of a genuine reason for non-compliance.

When a lawyer can make a practical difference

Legal advice is especially useful when the allegation could affect liberty, the remaining sentence, or conditions imposed by a court. In Siverek, common situations include:

  • A person living outside the town centre misses an appointment because of transport problems and needs to document what happened.
  • A work schedule or seasonal employment conflicts with required reporting or programme attendance, and a change to the plan needs to be requested.
  • A person moves within Siverek or to another district and is unsure how to notify the responsible probation office or transfer supervision.
  • A written warning or breach report has been issued, and the person needs to respond with records, medical documents, or witness information.
  • A person is accused of violating judicial control, such as a reporting or travel restriction, while a case is still pending.
  • A supervised-release decision may be affected by an alleged new offence, and the person needs advice about the separate criminal case and sentence-execution process.

Turkish laws that govern probation and related breaches

The Law on the Execution of Sentences and Security Measures (Law No. 5275), published on 29 December 2004, governs sentence execution, including supervised release. Its current application depends on later amendments and the terms of the individual decision.

The Law on Probation Services (Law No. 5402), published on 20 July 2005, sets out the probation services framework. It provides the basis for supervision and support activities carried out under the relevant legal order.

The Criminal Procedure Code (Law No. 5271), published on 17 December 2004, governs judicial control during criminal proceedings. A breach of judicial control is not automatically the same as a breach of supervised release after conviction, so the order and procedural stage matter.

Frequently asked questions

Is a missed probation appointment automatically a violation?

A missed appointment may be recorded as non-compliance, but the consequences depend on the order, the applicable rules, and the reason for the absence. Contact the responsible office promptly and keep evidence explaining what prevented attendance.

What should I do after receiving a warning or breach notice?

Read the notice carefully and note any response date or appointment. Obtain a copy of the relevant probation plan and gather supporting records, then seek legal advice quickly so the response addresses the actual allegation.

Can a breach lead to imprisonment?

It can have serious consequences, but the outcome depends on whether the case concerns supervised release, another sentence-execution measure, or judicial control. A breach allegation does not by itself establish what decision will be made.

Is supervised release the same as judicial control?

No. Supervised release concerns the execution of a sentence under the applicable sentence-execution rules. Judicial control is a measure used during criminal proceedings, before a final conviction, and a breach is handled under criminal procedure.

Can I explain that illness or transport problems caused the breach?

Yes, relevant circumstances can be presented, but they should be supported where possible. Keep medical records, travel or appointment evidence, messages, and any documents showing when you notified the responsible office.

Can my reporting location or schedule be changed?

A change may be possible, but do not assume that you can stop attending or report somewhere else without approval. Ask the responsible probation office how to submit a request and keep proof of the request.

What if I have moved from Siverek or changed address?

Notify the responsible office using the method stated in your order or probation instructions. Ask whether supervision must be transferred and obtain confirmation of any new reporting arrangements.

How long does a breach decision take?

There is no single timetable for every case. Timing depends on the type of supervision, the records required, and whether a prosecutor, court, or execution judge must consider the matter.

How much does a probation violation lawyer cost in Siverek?

Fees depend on the work required, such as reviewing the file, responding to a notice, or representing the person in a hearing. Ask for the scope and fee in writing; applicable professional minimum-fee rules may also be relevant.

Can I get legal aid if I cannot afford a lawyer?

The Şanlıurfa Bar Association can explain how to apply for legal aid and what documents are required. Eligibility and appointment depend on the applicable criteria and the assessment of the application.

Can a lawyer challenge a decision about the alleged breach?

A lawyer can review whether the correct procedure was followed and whether a challenge or other application is available. The proper route and any deadline depend on the decision and the legal basis for supervision.

Official resources in and around Siverek

  • Siverek Courthouse: The local court complex can provide information about court filings and the relevant judicial offices. Use the case documents or official court information to identify the office handling the matter.
  • Şanlıurfa Bar Association: The provincial bar can provide information about finding a lawyer and applying for legal aid, subject to eligibility.
  • Ministry of Justice, General Directorate of Prisons and Detention Houses: This ministry body oversees matters within the national probation and sentence-execution system and provides official information about its services.

Steps to find and hire a lawyer

  1. Act immediately: Read the notice or decision today and mark every appointment and response date. Do not wait for a second warning.
  2. Collect the file documents: Gather the court or prosecutor’s order, probation plan, notices, attendance records, and any earlier correspondence. Keep copies of medical, work, travel, or address documents relevant to the allegation.
  3. Identify the type of supervision: Check whether the matter concerns supervised release after conviction or judicial control during a pending case. If the order is unclear, ask a lawyer to identify its legal basis.
  4. Contact suitable lawyers promptly: Within the next few days, seek a Turkish criminal-law lawyer familiar with sentence execution and probation matters. The Şanlıurfa Bar Association can explain lawyer referral and legal-aid options.
  5. Compare the proposed work and fee: Ask whether the lawyer will review the file, contact the responsible office, prepare a written response, or represent you in court. Request a written fee agreement describing the scope of work.
  6. Agree on an immediate response plan: Confirm who will notify the probation office, what evidence will be submitted, and whether a court application is needed. Keep proof of every filing and continue complying with current conditions unless they are formally changed.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

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