Think Twice Before Violating Your Probation
Posted on June 22, 2023 by John
Probation is a common sentence given to individuals who have been convicted of a crime in California. It allows the individual to serve their sentence outside of prison, typically with certain conditions they must follow, such as attending counseling, paying restitution, completing community service, and abstaining from participating in criminal activities. If you have been accused of violating the conditions of your probation in California, it is imperative that you are aware of your legal alternatives.
If an individual violates the terms of their probation, they may be at risk of being returned to jail or prison to serve the remainder of their sentence. Probationary infractions may also be technical or substantial. Technical violations are small transgressions that do not entail new criminal behavior, including failing to show up for therapy or treatment as scheduled, failing to pay penalties or restitution, or failing a drug test. On the other hand, a substantial violation would occur if a person on probation was detained for a new crime or accused of committing one.
Breaking Probation
A person on probation will be arrested and brought into custody if they are suspected of breaking their probation. A hearing will then be scheduled when they receive a notice of violation. The accused person will have the chance to argue their case during the hearing, and the probation officer or prosecution will offer proof of the alleged infraction.
If it is determined that the person has broken the terms of their probation, the judge has several options for how to proceed, including continuing the person’s probation while adding new requirements, changing to stricter requirements, revoking the person’s probation, and ordering them to serve the remainder of their sentence in jail or prison.
Considering the massive implications for your personal life, if you have been charged with violating probation in California, the situation must be taken seriously, and you should immediately seek a skilled defense attorney’s assistance to defend your case. An experienced criminal defense attorney may assist you in understanding your rights and creating a solid defense plan, which may include disputing whether the probation violation occurred, providing proof of rehabilitation, and advocating for alternative sentencing, among others.
The Legal Help You Need
No matter what you are being charged with, you will receive highly skilled assistance from our legal professional with over a decade of experience on both sides of a California courtroom. The Law Office of David Leicht will go the extra mile to solve your legal problems and handle your case with the attention it deserves. Contact us at (760)-256-3104 or use our online form to set up a free consultation and put the power of an experienced attorney on your side.
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
