Probation Violation

Los Angeles Probation Violation Attorney

Criminal Defense Attorney Representing Individuals Accused of Probation Violations

Under Section 1203 of the California Penal Code, a judge may impose probation instead of – or in addition to – incarceration in a county jail or state prison, following a misdemeanor or felony conviction. However, a probation sentence requires the offender to comply fully with all of the terms of the probation. These conditions usually include some or all of the following:

  • Mandatory restitution or fines
  • Required community service
  • Required gainful employment throughout the term of the probation
  • Required abstinence from drugs or alcohol over the term of the probation
  • Regular face-to-face meetings with a probation officer
  • Mandatory wearing of an electronic monitoring device
  • Avoiding any additional charges or criminal arrests while on probation

If you have been accused of violating your probation, call a Los Angeles criminal defense lawyer at our law firm to review the details and legal options.

Violating Probation

If you violate your probation, pursuant to the California Penal Code, you will be required to attend a California violation of probation hearing, also known as a probation revocation hearing, which is presided over by a judge. Common examples of probation violations include falling behind on criminal restitution payments or being arrested for a different crime while the probation is still pending.

After a probation revocation hearing takes place, a judge makes a determination about whether or not a defendant violated probation. In reaching this decision, the judge will consider a defendant’s criminal record, the seriousness of the violation, the timing of the probation, and any recommendations made by a defendant’s probation officer.

Legal Penalties

After considering the facts and circumstances surrounding the probation violation, a California judge may do one of the following:

  • Reinstate probation on the same terms and conditions
  • Order appropriate counseling, including drug and alcohol treatment, anger management counseling
  • Extend the term of your probation
  • Modify probation with new, stricter terms and conditions
  • Revoke probation and sentence the defendant to serve the jail time or prison sentence associated with the conviction
  • Revoke probation and sentence the defendant to serve the maximum sentence authorized by law

While alleged probation violation may arise from relatively minor offenses, it is important to recognize that they can result in extremely serious legal penalties. For this reason, it is critical for anyone accused of a probation violation to speak to a Los Angeles criminal defense attorney at our office as soon as possible to discuss legal options. When you retain an attorney, they will thoroughly review your case and defend your rights at your hearing.

Review of your Alleged Probation Violation

What can you do if you have a probation violation pending in Los Angeles County? When it comes to a probation violation, your best bet is to consult with and hire a local criminal defense attorney that has successfully handled cases in front of the judge and prosecutor that your case is pending with.  Once you sit down with a local attorney, they will be able to give you an indication of what you are up against and what you need to get to have the best chance of staying out of custody!  When you set your appointment, make sure that you come with a list of questions and really zero in on whether that attorney is familiar with the judge/ prosecutor.  The bottom line is that ultimately in a probation violation situation, the judge controls what the punishment will be.  They will of course listen to what your attorney and the prosecutor have to say before deciding your fate. But having the right attorney and all of your ducks in a row before facing the judge can make all of the difference in the world.

What Factors Will a Judge Consider?

Usually the judge is looking to punish you once they get their hands on you when it comes to a probation violation situation in Los Angeles County. However, it is up to your Los Angeles criminal defense lawyer to also get the judge to consider rehabilitation versus punishment. In some circumstances, punishment is not necessarily the right answer! If the person who has violated their probation can show the judge that they are on the right path now and are not going to commit anymore crimes, then the attorney will have a fighting chance to keep them out of custody. People make mistakes all the time, but that does not necessarily have to define their life or who they are as a person. Sometimes getting on the right path takes time and perseverance. It is not an easy journey. In my opinion, it is my job to help my client on that path and to convince the prosecutor and judge that they should be given a chance to prove themselves.

Types Of Probation Violations

In general, there are two different types of probation violation, internal and external.  An internal probation violation relates to you not doing something the court ordered you to do when they took your plea.  For example if you were told to do one domestic violence class every week for 52 weeks and you failed to keep up with this obligation, then you will have an internal probation violation.  On the other hand, if you were arrested for a new criminal case, while you are on probation for another criminal case, then this would be an external probation violation.  In either scenario, you will require the services of a local seasoned criminal defense attorney that is familiar with the judge and prosecutor.

Call a Los Angeles Criminal Defense Lawyer

Probation violations are serious business in Los Angeles County. If you have been charged with violating your probation, you need an experienced Los Angeles criminal defense attorney by your side. An experienced criminal defense lawyer may be able to assist you with minimizing the effects of your probation violation and make a favorable recommendation to the hearing judge on your behalf.

You should feel free to contact the experienced Los Angeles criminal defense lawyers at Hedding Law Firm today at 866-986-2092 for a free initial consultation.

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