How to Beat a Probation Violation Accusation
Probation gives you the opportunity to serve your sentence without spending time in custody. However, you need to understand that probation is not easy. You will be required to follow a strict set of probation terms, which could include frequent visits to a probation officer, entering drug or alcohol treatment programs, and/or attending anger management counseling. If you do not comply with all of the terms of your probation, you could face a probation violation hearing where a judge could decide to revoke your probation and sentence you to time in custody.
If you are accused of violating probation, you should seek the help of an experienced criminal defense attorney who may be able to help you beat a probation violation accusation.
What Happens if You Violate Probation?
If you are suspected of violating probation after pleading guilty to a felony, you will likely be arrested and placed in custody until your probation violation hearing. At your probation violation hearing, the court will determine if you are guilty of violating one or more of the terms of your probation.
The prosecution will attempt to prove to the court that you violated at least one of the conditions of your probation. At a probation violation hearing, the prosecution only needs to prove that you violated probation by a “preponderance of the evidence,” which means it is more likely than not that you violated probation.
If the court finds that you violated probation, the judge can either revoke your probation and impose a jail or prison sentence in accordance with the sentencing guidelines for the crime you were originally convicted of or let you remain on probation with additional or stricter terms.
However, it is important to note that your criminal defense attorney will have the opportunity to argue on your behalf at a probation violation hearing.
How to Beat a Probation Violation
Some of the effective strategies for beating a probation violation include:
- Proving you did not actually violate probation
- Working towards probation compliance
- Fixing any violations that can be fixed
- Demonstrating positive contributions to society
In order to effectively carry out these strategies and beat your probation violation allegation, you should hire an experienced criminal defense attorney. At your probation violation hearing, your criminal defense lawyer can represent you and present evidence that shows you did not violate your probation or that you did not intentionally do so. Your lawyer may be able to help you win your probation violation or present mitigating evidence that will limit your punishment for violating probation.
Our Criminal Defense Attorneys Can Represent You at Your Probation Violation Hearing
If you or someone you love has been accused of violating probation, it is important that you speak to an experienced criminal defense attorney immediately. At Wallin & Klarich, our skilled and knowledgeable criminal defense lawyers have been successfully representing clients at probation violation hearings for more than 40 years. Let us help you now.
With offices in Orange County, Riverside, San Bernardino, Victorville, West Covina, Torrance, Los Angeles and San Diego, you can find an experienced Wallin & Klarich criminal defense attorney available near you no matter where you work or live.
Call our law firm today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will be there when you call.