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 serious outcomes, people facing an accusation that they violated probation often wonder whether an attorney’s help is necessary at a probation revocation hearing. The reality is that you should never go to court without the help of an experienced criminal defense attorney when facing a possible probation violation.
Why You Need an Attorney at a Probation Revocation Hearing
Probation violations often involve serious matters, such as the commission of a new crime or failure to pay fines or restitution. Others are less serious, such as the failure to attend a counseling session because of a conflict with work. Recognizing that not all violations of probation are equal, California law gives a judge wide discretion when it comes to punishing these violations.
In some ways, probation revocation hearings can be more difficult than trials. The procedures are different, the rules of evidence are relaxed, and so is the standard of proof. Instead of proving beyond a reasonable doubt that you violated the terms of your probation, the prosecution only needs to prove it by a preponderance of evidence. This means the prosecutor just has to convince the judge that it’s more probable than not that you violated your probation. To do so, the prosecution is allowed to use evidence he or she would not be allowed to use at a jury trial.
This is why hiring an experienced attorney may make a difference in your case. An experienced criminal defense attorney can ensure you are using every available legal right you have to defend you. Your attorney can subpoena witnesses to testify for you and introduce other evidence. Your lawyer will know how to use these legal tools to show that you either did not violate your probation or that your violation was minimal in nature.
Jail or prison time is potentially on the line when you are accused of violating the terms or conditions of your probation. With so much at stake, it makes sense to hire someone who has the experience and legal knowledge necessary to help you obtain a favorable result in your case.
Call a Wallin & Klarich Criminal Defense Attorney Right Away
Probation revocation hearings are serious matters that could have life-altering effects on you. If you are accused of violating probation, it is vital that you speak to an attorney who is experienced in helping people in your situation. At Wallin & Klarich, our skilled team of attorneys has been successfully helping clients like you for over 35 years. We have helped clients through hundreds of probation violation hearings, and we are committed to working hard to ensure that you receive the best possible outcome in your case.
With offices in Orange County, Los Angeles, San Diego, San Bernardino, Riverside, Torrance, Victorville, West Covina and Ventura, there is an experienced Wallin & Klarich criminal defense attorney available to help you no matter where you are located.
Contact our offices today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will be there when you call.