Can You Be Banned from All Social Media as a Condition of Probation? The Court Says YES
Can You Be Banned from All Social Media as a Condition of Probation? The Court Says YES At Wallin & Klarich, we’re often asked: Can the court really ban me from using all social media while I’m on probation or supervision? A recent California case answers that question clearly: Yes—if social media played a role in the offense, a total ban may be legal. Our experienced criminal defense attorneys at…
Read More
AB 1228: Own Recognizance Release for Probation Violations
AB 1228: Own Recognizance Release for Probation Violations Assembly Bill 1228, a newly-enacted law, addresses the issue of bail and own recognizance release for people who are taken into custody for probation violations. This law applies to both formal and informal probationers. Existing law provides that a peace officer may take a probationer into custody without a warrant or other formal process on probable cause that the probationer is violating…
Read More
California Court of Appeals Finds that Requiring Probationer to Surrender Electronic Devices to Search at Any Time was Burdensome and Intrusive
California Court of Appeals Finds that Requiring Probationer to Surrender Electronic Devices to Search at Any Time was Burdensome and Intrusive Probation Restrictions Many people might be surprised to know that a judge cannot simply impose any restriction or condition simply because they are on probation. Probation is a condition placed on a defendant following a criminal conviction. This condition allows the client to serve little to no jail while…
Read More
New Notice Requirements if You Wish to Terminate Probation Early
New Notice Requirements if You Wish to Terminate Probation Early Courts have the authority to terminate probation early. That is, if you were placed on probation for 36 months, you have the ability to ask the court to reduce that time period and the court, if it is convinced there is a good reason to do so, can do so. (See Pen. Code, § 1203.3.) What Does AB 433 Do?…
Read More
A Change in the Law Makes Probation Life a Little Easier
A Change in the Law Makes Probation Life a Little Easier Court Fines & Probation Violation A change to California’s laws in 2020 regarding probation has just made life under probation a little less stressful. Failure to pay court-ordered fines, fees, or assessments used to mean that you automatically would have your probation revoked, and that you were headed to jail or prison. Starting this year, AB 1421 changes that for…
Read More
Will I Go to Jail for a Probation Violation? (PC 1203)
Will I Go to Jail for a Probation Violation? (PC 1203) If you are put on probation by the court, you will have to follow a set of terms and conditions spelled out by the court. The conditions may include not committing any new crimes, attending alcohol or drug counseling, and staying away from certain people. So, what happens if you fail to comply with the terms of your probation?…
Read More
The Burden of Proof in Probation Violation Hearings
The Burden of Proof in Probation Violation Hearings In the criminal justice system, every person is presumed innocent until proven guilty. To convict someone of a crime, the prosecutor must prove each of the elements of the crime beyond a reasonable doubt. However, if you are accused of violating probation, there is a much different burden of proof at your probation violation hearing. Instead of proving beyond a reasonable doubt…
Read More
How to Avoid Probation Violations
How to Avoid Probation Violations If you have been convicted of a crime and sentenced to probation, you are being given a chance to stay out of jail or prison. However, that second chance comes with the responsibility that you must abide by all of the conditions of your probation. If you fail to live up to the conditions of your probation, the court can revoke your grant of probation…
Read More
Should I Hire an Attorney If I am Accused of Violating Probation Conditions?
Should I Hire an Attorney If I am Accused of Violating Probation Conditions? Violating any of the conditions of your probation can be a serious legal matter. Depending on the circumstances of your case, the penalties you could face range from mild consequences – including stricter probation conditions, mandatory counseling, etc. – to the revocation of your probation, which could result in you going to jail or prison. Despite these…
Read More
Will I Have to Serve Time If I Violate a Probation Condition?
Will I Have to Serve Time If I Violate a Probation Condition? Most people assume that if you violate a condition of your probation, you will be taken directly to jail (or prison, depending upon the crime you committed). While imprisonment is a real possibility, it is not automatic. The court has many available options when it decides what punishment to impose if it is found that you violated one…
Read More