Probation Violations Defense: What Are Your Options in California?
If you are on probation in California, you know it can be stressful. You may have been granted probation instead of jail time by a judge, but now you must follow certain stipulations, and if you fail to cooperate and follow them, you could end up back in jail.
If this happens to you, you need an experienced defense attorney to help fight for your defense. A skilled attorney will help you understand the court system and will know how to defend you against any charges.
Under Penal Code 1203.2 PC, a California judge can grant probation rather than jail time. This allows someone who has committed a crime to avoid going to jail by agreeing to specific terms set forth by the judge. These conditions include things like:
- Meeting with a probation officer regularly
- Not committing any new crimes or violating any other laws while on probation
- Participating in community service or other community-based programs
- Keeping contact information updated
- Paying all court-ordered fees and fines
- Mandatory drug testing at any time during the supervision period
If someone does not follow these rules or violates their probation in any way, they will be charged with violating their probation.
You may be ordered to attend a probation violation hearing if you have violated any of the terms of your probation. At this hearing, the judge will consider all available evidence and decide whether or not you have committed a violation.
The state must show that you have violated one or more terms of your probation by a preponderance of the evidence—which means that they must prove it is likely that you committed the violation. If the judge finds that you have violated the terms of your probation, they can order you to serve the remainder of your original sentence in jail. This is called the “revocation” of your probation.
The judge also has the option to revoke and reinstate your probation with changes to your probation terms, which might include sending you to jail for some time and extending the length of time that you are on probation.
Probation violations can be virtually impossible to defend without the right legal representation. If you are charged with probation violations in California, it is critical that you hire an attorney who knows how to defend these cases. At the Law Offices of David Leicht, we have extensive experience in probation violation defense strategies and can help you avoid going back to jail.
Serving Barstow, Victorville, Apple Valley, Hesperia, Adelanto, Baker, Needles, Lucerne Valley, Big Bear, San Bernardino, Mojave, Phelan, Wrightwood, and the surrounding California communities.
534 Barstow Road
Barstow, CA 92311