Consequences For A Probation Violation in Ventura County
In California, probation may be granted to a criminal defendant on either a misdemeanor or felony. Probation is considered a privilege, and not a right. To understand how probation works in California, you must understand the difference between formal and informal probation.
Formal probation requires that you register with the Probation Department in the county in which the crime occurred, or the county in which you live. You are assigned a probation officer, and this probation officer will supervise you throughout your probation term.
Informal probation does not require supervision by the probation department. Probation is essentially between you and the court. Typically the primary condition with informal probation is that you obey all laws during the term of probation.
If you are arrested again during your probation, whether formal or informal, the prosecutor will file a probation violation against you. A probation violation may arise if are facing a new crime, or if you fail to follow any term of probation that the court imposes on you.
If you violate your probation you will be arrested and held until a probation revocation hearing. You have no right to a jury trial on the violation nor do you have a right to a speedy trial. Probation violations are decided by the judge, and often bail is unavailable for probation violations. As such, you may end up in jail for months awaiting your probation violation hearing.
Although you do not have the right to a jury trial at a probation violation hearing, you do still have the right to be represented by an attorney, to call, confront, and cross-examine witnesses, and to testify or assert your right to remain silent. However unlike a criminal trial where the prosecutor must prove the case beyond a reasonable doubt, a probation violation only requires that the prosecutor prove to the judge by a preponderance of evidence that a violation occurred.
If the judge determines that you did in fact violate your probation, the judge may either reinstate your probation on the same terms and conditions as before, modify your probation with new or additional terms or the judge can revoke your probation and send you to jail or prison for a lengthy period of time.
The lower standard of proof requirement on a probation violation, and the potential for a lengthy sentence in jail or prison, highlights the need for a person facing a violation to hire an experienced, aggressive criminal defense firm to represent them.
The attorneys at Wallin & Klarich have decades of experience in successfully defending California residents who have been charged with a probation violation in Ventura County. Wallin & Klarich will carefully review the evidence and conduct an investigation of all the facts to help you win your probation violation hearing. Contact us today at 888-749-0034 or fill out our contact form for immediate assistance. Call us today, we will get through this together.