How Can Wallin & Klarich Assist Me if I Violated My Probation? – PC 1203
If you are placed on probation by the judge at your sentencing hearing, this allows you to be released back into the community under court supervision instead of going to jail or prison. You can be sentenced to probation for a misdemeanor or felony conviction. When you are placed on probation, the court will impose specific terms on your probation that you must follow. If you fail to satisfy any one of these conditions or do not appear at required court hearings, you will have violated the terms of your probation.
How Probation is Violated
A judge can issue any term or condition as part of your probation so long as it bears a rational relationship to the crime for which you were convicted. You face potentially severe criminal consequences if you violate your probation. The following are a list of the most common probation violations:
• Failure to pay restitution – you must pay restitution to the victim or his/her family if the court ordered you to do so as a condition of your probation.
• Possession of illegal contraband – possession of illegal drugs or weapons either on your person or in your home.
• Failure to attend court-ordered programs – if the court ordered you to attend a rehabilitation program or to participate in community service as part of your probation, failure to comply with these orders will be a probation violation.
• Failure to report to a probation officer as scheduled will act as a probation violation.
• Violation of geographical restrictions – if you visit areas or contact individuals in violation of court orders, you may be in violation of your probation.
• Committing any crime will be a probation violation.
If your probation officer has “probable cause” to believe that you have violated probation, he/she can place you under arrest and bring you before a court for a probation revocation hearing. A probation revocation hearing is a mini-trial where the judge determines whether you violated your probation. At the probation revocation hearing, you have a right to an attorney and the prosecutor has the burden of proving that you violated at least one of the terms of your probation.
Punishment for Violation of Probation
The judge has broad discretion to determine how to punish you if you violate your probation. This determination depends upon the seriousness of your probation violation, your history of prior violations, your criminal history, and any recommendations made by the probation department. The following are potential consequences for violating your probation:
• The judge may revoke your probation and impose the original sentence for your conviction. For example, if your conviction was punishable by 16 months, 2 or 3 years in county jail and the judge originally sentenced you to 2 years in county jail, but suspended your sentence and granted you probation instead, the judge can revoke your probation and sentence you to the original sentence of 2 years in county jail.
• The judge may revoke probation and impose the maximum sentence allowed by law. In the example above, the judge may revoke probation and sentence you to up to 3 years in county jail for violating probation.
• The judge may extend the probation term length, order counseling, order you to participate in community service, or order any other probation condition that would best serve the interests of justice.
Probation Violation Defense Attorney
Wallin & Klarich has been successfully defending our clients facing probation violation proceedings for over 40 years. Our experience allows us to prepare the most effective defense strategy at the probation revocation hearing to help keep you out of jail.
Upon retaining Wallin & Klarich, we will immediately get to work on all of the discovery related your case. We will obtain all of the evidence surrounding your alleged probation violation that could potentially favor your case. We will help you fight for your freedom at the probation revocation hearing.
When you are accused of violating probation, you should hire the aggressive criminal defense attorneys of Wallin & Klarich to help you win your case. Our offices are located in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, West Covina, Victorville, Torrance, and Sherman Oaks. Call us today at (877) 4-NO-JAIL or (877) 466-5245. We will be there when you call.
