Probation Lawyer California Protect Your Freedom
Who Is Eligible for Probation?
Assembly Bill 1950 caps probation at one year for misdemeanors and two years for felonies, except in cases of:
- Violent felonies
- DUI
- Theft of $25,000 or more
- Residential robbery or burglary
- Child abuse
- Domestic violence
In both misdemeanor and felony cases, the state will likely require some type of supervision, and the punishment for any violations will be left up to a judge. You may be able to travel under either circumstance, but there will probably be greater restrictions in the case of a felony.
Supervised and Unsupervised Probation
Supervised Probation
Supervised probation is the most common form of probation in California. Probationers are required to abide by the terms of their probation while also reporting to a probation officer and attending probation meetings.
Unsupervised Probation
Probationers on unsupervised probation do not have a probation officer but still must follow sentencing requirements. Those on unsupervised probation will need to report progress directly to the court.
What Constitutes a Probation Violation?
If you violate the terms of your probation in California, it can be reported by your probation officer or another authorized agency overseeing your case. Some types of probation violations include:
Being charged with a new crime
Not reporting to your probation officer for scheduled visits
Failing to pay fines associated with the case
Leaving the state without approval from your probation officer
Possession of weapons or illegal drugs
Failing or refusing to take a drug test
Restraining order violations
Not reporting changes in employment or address
Failing to complete court-ordered programs on time, including those for domestic violence, anger management, and alcohol or drug abuse.
Is Your Probation In Jeopardy? Contact Our Lawyers for Immediate Help
The California probation lawyers of Law House are here to provide you with immediate legal advice if you have been accused of violating the terms of your probation or have been arrested for a new crime. We will listen to you and recommend the best course of action.
No matter the circumstances of your case, our goal is to help you avoid incarceration and mitigate any consequences you're facing. We can also help with an appeal when prudent.
For more information about the probation hearing process and what to expect, contact us online or call our legal office for immediate assistance.
Call Our Probation Lawyers in California
Technical vs. Substantive Probation Violations
Technical Violations
Technical violations occur when a probationer fails to abide by the terms of their probation. This includes violating curfew, lack of employment, testing positive for drug or alcohol use, and failure to meet with the probation officer.
Substantive Violations
Substantive violations occur when someone on probation commits a new crime. Both felonies and misdemeanors may be counted as a substantive violation. These violations increase the risk of probation revocation.
Keep in Mind...
/
While the consequences for technical violations are often less serious than those for substantive violations, it's in your best interest to avoid any kind of probation violation. Any sort of violation can lead to probation revocation.
Probation Violation Penalties
At Law House, our California probation lawyers understand that probation violations and new criminal charges can be the result of misunderstandings about the terms of probation or technicalities related to the case. The court can issue additional penalties, but this is not automatic. It is up to your attorney to refute the claim entirely or admit fault in a way that limits the consequences. Potential penalties in these cases include:
Adding new terms and conditions to your probation
Probation revocation
Fines
Community service
Have You Been Accused of Violating Probation? Speak with a Probation Violation Lawyer
Whether you've been accused of a technical violation or a substantive violation, it's crucial that you contact Law House prior to your probation hearing. Our attorneys have helped many clients in California. We are ready to listen to you, and will offer our honest legal insight when it comes to your best options moving forward. For more information about probation hearings and your legal options, contact our law firm online. You can also reach our California probation lawyers by phone at (818) 824-5800.
Probation Violation Hearings
The Burden of Proof
Probation violation is a separate criminal offense from the one that resulted in your sentence in the first place. Further, the burden of proof that was needed to obtain the initial criminal conviction was much stronger than the standard of proof that is required to revoke probation. It is up to the offender's lawyers to refute or provide a reasonable explanation for the violations.
Hearing Guidelines
Judges probation violation hearings without a jury. The judge isn't required to follow the same stringent rules of evidence that are established for criminal trials. This is why it is critical to have a California probation lawyer who can provide strong evidence in your defense.
Preponderance of Evidence
Since there is no jury at the probation hearing, the judge is responsible for assessing the evidence presented by the prosecutor and your defense attorney. The prosecutor only needs to prove that it is more likely than not that a probation violation occurred. Since the preponderance of evidence (amount of evidence needed to prove innocence or guilt) in these hearings is less than a criminal case requires, a California probation lawyer is essential in making sure your position is understood by the judge.
The Judge's Decision
After considering the evidence and closing arguments, the judge will render a decision. The decision will typically take one of the following forms:
Probation Revocation
Based on the evidence presented, a judge may decide to revoke your probation. If your probation is revoked, you will return to prison and serve out the remainder of your sentence in custody.
Modifying the Terms of Probation
The judge may decide to keep you on probation, but alter the terms to include additional restrictions or conditions. This may include additional fines or extending the length of your probation.
Maintaining the Terms of Probation
The judge may find in your favor and deny the prosecutor's Motion to Revoke Probation (MRP). In these situations, you will remain on probation and continue to abide by the original terms.
Do You Need a California Probation Lawyer? Our Law Firm Is Here to Help
If you've been accused of violating probation in California, it's important to have a trusted criminal defense lawyer on your side for your hearing. Whenever possible, Law House will help you avoid probation revocation and serving time in jail or prison. To speak with criminal defense attorneys about your case, contact our law offices online. You can also get in touch with our lawyers by phone. Our practice has probation lawyers across California who can provide the advocacy you need.
Call Our Attorneys:
Appealing a Decision
/
While rare, it is possible to appeal a judge's decision after a probation hearing. It's important to point out that the grounds for appeal are usually quite narrow, and may involve procedural issues during the probation hearing. This is why it's important to have a qualified California probation lawyer if you've been accused of probation violation.
Why You Need a Probation Violation Lawyer
Refuting the Probation Violation
A California probation lawyer is crucial for refuting a prosecutor's claims. A lawyer can frame your case in a compelling way that casts doubt on the prosecutor's case and the evidence presented.
Crafting the Right Response
A California probation violation lawyer may find it better to admit to a probation violation. However, the lawyer can explain the circumstances in a way that convinces the judge to be more lenient.
Knowing Procedures and State Law
A California probation lawyer understands hearing protocols and state law. Your lawyer can identify procedural violations that could be grounds for an appeal as well as other crucial matters in the case.
Contact Law House
If you're facing an accusation of probation violation, our attorneys throughout the state of California can offer counsel and represent you at your probation hearing. We will do everything in our power to reduce penalties or have the charges dropped altogether. To speak with our team of trusted criminal defense attorneys, contact our law firm online. You can also call Law House to set up a legal consultation.
Call Our Attorneys
(818) 824-5800
Probation Law FAQs Answers to Common Questions
Who qualifies for unsupervised probation?
Low-risk offenders convicted of misdemeanors can be considered for unsupervised probation. Repeat offenders may be considered for misdemeanor probation.
Will I go to jail for a first-time probation violation?
It's possible. Your best bet against harsh penalties is to hire counsel who can advocate in favor of lesser penalties.
What can't you do on probation?
This depends on your court-issued rules. While conditions vary, people on probation may be told to abstain from drug and alcohol use, avoid certain people or places, and remain within the state or jurisdiction unless allowed to leave by their probation officer.
How do I respond to a probation violation warrant?
The best way to address a probation violation warrant is to consult with a lawyer at our firm and then surrender yourself to the authorities. Law House will help you take all the right steps toward the best possible outcome.
Can I move to a different state while on probation?
It's possible to move to a different state while on probation, but it must be done through the Interstate Commission for Adult Offender Supervision. After applying for interstate compact, it will be up to your probation officer and the receiving state (the state you wish to move to) to decide if you qualify for transfer. Failure to go through the proper channels could result in a probation violation.
Contact Us Today Do You Have a Question About Probation?
If you need to speak with a probation lawyer about a topic we did not address on this page, we encourage you to contact Law House today.
