What Is a Revocation Hearing?
When criminal offenders receive probation as a punishment, they must follow certain terms and conditions set for a specified period. If an offender repeatedly or grossly violates the terms of probation, he may return to jail or face other legal consequences. To determine whether probation should be revoked and the defendant sent back to jail, a probation revocation hearing is held to determine if the violation was severe enough.
How to Win a Revocation Hearing
In order to win your probation revocation hearing, you should hire an experienced criminal defense attorney to represent you. At your hearing, your lawyer may be able to help you dismiss your probation violation or present mitigating evidence that will limit your punishment for violating probation. Some of the effective strategies that our attorneys at Wallin & Klarich have used to win our clients’ revocation hearings and prevent further jail time include the following:
1. Prove You Did Not Actually Violate Probation
In order to impose additional terms on your probation or send you back to jail, the prosecutor only needs to prove that it is more likely than not that you violated your probation. However, a skilled criminal defense lawyer can present evidence that shows you did not violate your probation or that you did not intentionally do so. Our attorneys will search for proof that you actually abided by the terms of your probation and that no violation occurred.
2. Work Towards Probation Compliance
Even if you did violate a term of your probation, you can show the court that you are working towards probation compliance. For example, if you missed a meeting with your probation officer, take the initiative to reach out and schedule a replacement meeting. Voluntarily offer to submit to drug testing or attend more counseling. This will show the court that you are willing to comply with your probation terms, and your attorney will be able to argue that even if you messed up, you are willing to work to better yourself.
3. Fix Violations that Can Be Fixed
Sometimes, there may be a simple fix to your probation violation. For instance, if one of the terms of your probation was to pay restitution to a victim, find a way to pay that amount. Similarly, if you were ordered to complete 100 hours of community service by a set date but you only completed 98, try to figure out a way to finish off the last 2 hours. By fixing any violations that can be fixed, you will have an easier time at your revocation hearing.
4. Demonstrate Positive Contributions to Society
If you have contributed positively to society upon your release from jail, your attorney may be able to argue on your behalf that you are a changed person who deserves a second chance at being a productive member of society. If you spent time since your release volunteering in the community or working hard at your job, the judge may be more willing to agree to lenient terms for any probation violations.
Contact Wallin & Klarich Today
If you are charged with violating your probation, you may end up back in jail. That’s why you need California criminal defense attorney to argue on your behalf. With 40+ years of experience, Wallin & Klarich attorneys have helped thousands of clients with their revocation hearings, and we have the skills and resources to help you too. We can help you achieve the best possible results so that you never need to worry.
With offices in Orange County, Riverside, San Bernardino, Victorville, Torrance, West Covina, Los Angeles, and San Diego, you are sure to find an available and convenient attorney near you.
Discover how our team can assist you. Contact us today, toll-free at (877) 4-NO-JAIL or (877) 466-5245 for a free consultation with a skilled defense attorney.