Probation Violation Defense Attorney | Orange County

For 40+ years, the probation violation defense attorneys at Wallin & Klarich have gone above and beyond in helping their clients who are charged with a violation of PC 1203.2 and other related charges. We understand what it takes to successfully defend our clients facing criminal charges and we fight hard to protect their legal rights. We have the knowledge, skill, and resources to take on tough cases. With offices in Orange County, Torrance, San Bernardino, Riverside, West Covina, Victorville, and throughout the greater Los Angeles area, our dedicated team of defense attorneys is waiting to help you. Call us, toll-free at (877) 4-NO-JAIL for a free phone consultation and get immediate advice from one of our skilled probation violation defense lawyers.

What is a Probation Violation? | PC 1203.2

You may be charged with a probation violation if the prosecuting attorney alleges that you have violated one or more of the terms of your probation. Under California Penal Code Section 1203.2, if you violate the terms of your probation in California, you face very serious consequences that could impact you professionally and financially. Most importantly, a probation violation could put your freedom at risk. This is why it is extremely important to contact one of the skilled lawyers at Wallin & Klarich as soon as you receive information that you may be arrested or receive mail notification that you will be facing a probation violation matter.

The terms of your probation should have been explained to you at the time you were sentenced for a criminal offense. Normally, you would have signed a document agreeing to the terms of probation. If you did not, the court may have orally advised you of the conditions of your probation at the time of your sentencing hearing. 

Misdemeanor Probation In California 

Some of the most common terms and conditions imposed upon a person when they are placed on misdemeanor probation include the following and require you to:

  • Violate no law (with the exception of traffic infractions)
  • Pay all fines by a set date
  • Complete a self-help program (DUI school, anger management classes, or drug counseling)
  • Appear at all future court hearings
  • Stay away from certain individuals during the probationary period

If you are accused of being in violation of your misdemeanor probation by failing to comply with any of the terms of your probation, one of two things will occur: 

  • The court will have issued  a warrant for your arrest to have you brought into court. You can be arrested at any time after this warrant has been issued by the court. If you are arrested after a probation violation warrant is issued for your arrest, you likely will have to pay a bail amount or you will remain in jail pending the court date that will be set within a few days after our arrest.
  • In some cases the court may order that you receive a letter directing you to appear in court on a given date to appear for our probation violation hearing. It is extremely important that you retain an experienced criminal defense law firm like Wallin and Klarich to appear in court with you to hopefully avoid you being arrested at the court hearing.

Felony Probation In California

Some of the most common terms of felony probation include: 

  • You must submit to all searches  by any law enforcement officer without the need for them to have a search warrant.
  • You must not violate any laws, other than traffic infractions
  • You must meet with your probation officer as required by the probation officer
  • You cannot leave the county in which you reside without the permission of your probation officer
  • For drug cases, you may not associate with anyone who is a known drug user
  • For gang-related cases, you may not associate with any known gang member
  • For sex crimes, you cannot associate or be in the company of any minor unless in the company of a responsible adult approved by your probation officer, and you also must register as a sex offender 
  • You must pay restitution in an amount ordered by the court by a set date
  • You must pay a fine and all court costs by a set date
  • You must pay the cost of probation supervision by a set date
  • You must complete any required drug, alcohol, sexual addiction, anger management, or other self-help program ordered by the court
  • You must return to court for all future court hearings

The long list above makes it clear just how difficult felony probation can be to complete. If your probation officer believes that you have violated probation, he/she can arrest you or have the police arrest you. You may then be held in jail without bail, which could be for several weeks while you await your felony probation violation hearing. 

Probation Violation Punishments | What You’re Facing

Just being charged with a probation violation in Orange County, California can have a negative impact on your life. For a felony probation violation, you can be held in jail without bail, which can cost you both your freedom and your employment. If the judge finds that you did in fact violate one or more of the terms of your probation you will face the following potential consequences:

  • A judge may revoke probation and make you serve your original jail or prison sentence. 
    • For example, if a person is found guilty of committing grand theft the judge could have sentenced the person to up to 3 years in custody. However, the judge decided to suspend the sentence and give the person a chance and so the judge allows the person to be placed on  probation. If at the probation violation hearing the person is found to be in violation of his probation the judge can revoke the persons probation and sentence him to the maximum amount of time allowed for the crime of grand theft.

If you are found in violation of your probation, the judge can revoke your probation and reinstate its terms but extend the period of your probation. 

  • The judge can order you to attend counseling for anger management, parenting classes, etc. as additional terms of your probation.
  • The judge can add new terms to your list of probation terms..
  • The judge can order you to perform community service. 
  • If you are found in possession of drugs or alcohol, the court can order you to participate in substance abuse or rehabilitative treatment programs.

Fight Back | Possible Defenses Against Probation Violation Charges

If you are charged with violating your probation in California, you may feel like there is no end in sight. However, with the experienced attorneys at Wallin & Klarich on your side, you can rest assured we will fight for you. Throughout our 40+ years of representing clients all over Southern California facing probation violation hearings  our skilled attorneys have identified many effective defenses to help our clients achieve the best result possible in court  Some of the successful defenses we have utilized  include. 

No Violation of Probation

In the event that no violation occurred, your defense lawyer will gather all the facts and evidence to show the court that you did not violate your probation. For example, you are charged with violating probation for stealing a bike, but you were at work when the crime occurred. Your lawyer will show the court your alibi, which would be your timesheets from work as well as witness statements. 

Out of Your Control

Your lawyer will attempt to show the court that you have done everything in your power to fix your violations. For example, you were laid off from work and missed paying your fines. Since the violation, you found another job and made all of your payments. In this case, your lawyer can show that although you missed some payments to the court, you have done your best to fix your violation. 

Positive Steps Toward Fixing Violation 

In some cases, you cannot fix your failings. However, you can take positive steps toward addressing them. For example, you failed a court-ordered drug test, and you were charged with violating your probation. Your lawyer will show the court that you have started treatment for your addiction, which can include narcotics anonymous meetings, drug counseling, and/or entering a drug rehabilitatoin program. It is also wise to get as many clean drug tests prior to your hearing to show the court you are doing your best to change the course of your life. 

Mitigating Factors

In the event that you are found guilty of a probation violation, your attorney will present mitigating evidence to the court in an attempt to convince the court to give you a punishment that does not include a jail or prison sentence. This can include your prior lack of criminal history, your age, your remorse for the violation, and any history of drug or alcohol abuse you are dealing with. 

Our experienced firm will do everything in our power to help you stay out of jail and maintain your freedom. Contact us today, toll-free at (877) 4-NO-JAIL for your free consultation and find out how we can help you. 

Hiring A Probation Violation Defense Attorney | How We Can Help You

When dealing with any legal matter, it is crucial to hire the best attorney you can find. At Wallin & Klarich criminal defense firm we believe that there are four (4) key aspects that you, the client, should look for when hiring an attorney. 

  1. Experience
  2. Communication
  3. Track record
  4. Ethos – Credibility

Wallin & Klarich | 40+ Years of Experience Defending Probation Violations

Here at Wallin & Klarich, our team of highly-trained attorneys have over 40+ years of experience representing clients accused of probation violations. This experience does not only mean that we are competent in the handling of your case, but equally important, we know our way around the local courthouses and we know the local prosecutors. This sometimes overlooked, and often underappreciated knowledge makes it easier to craft a defense that gives you the highest chance of success possible. 

24/7 Communication With Your Attorney | The Wallin & Klarich Way 

Cases are won in the courtroom but made in the office. At Wallin & Klarich, we believe that communication and transparency are vital to a successful case. With all the paperwork and legality, we have found that when people retain other law firms it is common for the client to get lost in the legal process and only have a vague idea of what is going on in their case. We believe this is why so many people retain our law firm to help them when facing a probation violation charge. By keeping an open line of communication with our clients and walking side-by-side with them through the entire legal process we have found that our clients are not only happier but receive a better outcome when communication is kept at the forefront of our efforts. 

Give us a call at (877) 4-NO-JAIL and let’s begin communicating on how we can get the best outcome for your case. 

Track Record of Success | Wallin & Klarich History of Winning Cases

Words mean nothing if the outcome of your case is not what you were looking for. We are confident enough in our abilities to deliver the best possible outcome in your case that we invite you to hear from some of our previous clients.

Call our law firm at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will be there when you call.

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