Probation Violations, Revocations & Terminations
Have you been accused of a Probation Violation in Southern California? Contact Southern California Criminal Defense Attorney David Welch
Probation is ordered by the court in a great majority of cases resulting in a conviction. In essence, Probation is a type of supervision in addition to other terms of a sentence. (The code section referring to Probation is Penal Code Section 1203.) Often, rather than impose a lengthy custodial sentence in either jail or state prison, the defendant may be given either formal or informal probation. If the convicted individual violates the terms of probation, judges may then order that the defendant be incarcerated.
The two types of probation are Formal Probation and Informal Probation. Typically with Formal Probation, the individual is ordered to report to a probation officer and continue reporting as ordered by the probation officer. Formal Probation is ordered most often in felony cases, although occasionally with misdemeanor cases. This type of probation is the most restrictive, with varying conditions based on the type of offense committed. Probation officers may order random drug or alcohol testing and require that the individual obtain permission in order to leave the area in which they reside.
Informal Probation is typically ordered in misdemeanor cases. While there is no requirement to report to a Probation Officer, the convicted must violate no laws (with the exception of traffic infractions), and timely complete all of the other terms of the sentence. Terms of this probation can include, depending on the charge, alcohol, counseling, domestic violence or other classes in addition to an order to stay away from an individual or location. Other terms may be to pay fines timely, make restitution to the victim and community service or labor.
Violations of Probation
Prosecutors may move for a Violation of Probation allegation if an individual fails to comply with stated terms of probation. Often courts will look favorably on those who are making genuine attempts to comply or have documentation regarding valid reasons for a failure to comply with court orders. Individuals accused of violating probation are entitled to a Probation Violation Hearing in which the violation can be contested. Whether the violation is contested or admitted, the judge has the discretion to allow a reinstatement of probation or to order additional punishment.
Probation Violation Defense
It is important prior to any Probation Violation hearing to take immediate steps to attempt to comply with the probation orders, even if late. Often an individual has complied with every other probation term and was overwhelmed. In other cases financial concerns have prevented individuals from being able to complete classes or to pay fines. In other cases, individuals failed to timely report to a probation officer. It is important to take immediate steps to protect your freedom and take steps to present the court with arguments in your favor. The Law Office of Southern California Criminal Defense Attorney David Welch will assist you in your preparation and defense of any allegation of probation violations.
If you've been accused of a probation violation, The Law Office of Southern California Criminal Defense Attorney David Welch will assist you in your preparation and defense of any allegation of probation violations. Our goal is to have the court reinstate your probation and keep you out of jail.