WHAT IS A PROBATION VIOLATION?
In the state of California, a convicted criminal must serve out a probationary period from 1-5 years after the crime is committed. This probation comes with strict limitations and rules that must be followed down to a T during this time. If the set rules are violated in any way the criminal could face further consequences. Probation is part of an individual’s criminal sentence after completing jail time and have returned as a member of the community and allowed to be free. As long as the convicted criminal adheres to the terms and requirements of his probation, they will one again be clear and free after completing probation.
Terms of probation may include:
- Physical labor
- Jail Time
- Community service
- Periodic drug testing
- Mandated counseling
- Assigned meetings with a probation office – for formal probation
WHAT ARE THE CONSEQUENCES?
Many people are unsure of what will happen if they violate their probation and may wonder or fear for the potential consequences. If a convicted criminal violates their probation, they are considered to have taken advantage of the second chance they were given. During a probation violation case, judges are typically less forgiving and lenient, which could result in you losing a lot of rights. If you face these dire circumstances, it is crucial that you procure strong legal counsel for your side as the Judge will have the discretion and power to rule as they see fit.
Law enforcement agents may schedule a probation violation hearing or arrest the defendant after they violate their probation. Unlike initial criminal cases, in a probation hearing the prosecutor is only require to prove 50% of the evidence rather than proving the defendant is guilty beyond a reasonable doubt. Penalties for probation violation vary based on how severe the crimes that were committed are. Consequences of this violation can include incarceration, revocation of probation, an extension of the probationary period, rehabilitation, additional community service, treatment programs, more physical labor and more.
HOW IS PROBATION VIOLATED?
There are multiple things that may violate your probation that should be avoided at all costs. One such violation occurs when the defendant fails to pay fines they owe to the court or restitution they owe to a victim. Another violation happens when a defendant fails to comply with the terms of their probation; i.e. missing a counseling session or not fulfilling their community service. Also, if a convicted ever fails to appear at a court mandated hearing they can receive a violation. If an offender misses of their regular meetings with a probation office, in the instance of formal probation, than the officer will inform the court and the defendant will be subject to the consequences. In addition, if the convicted is every found to be in possession of an illegal drug, guilty of committing a crime, or arrested, they are also are considered to have violated their probation.
Enlist the Help of a Hard-Hitting Attorney
Because it is much easier to be convicted during a case concerning probation violation, it it critical to a procure strong, aggressive criminal defense attorney to defend you. It is also a good idea to have counsel who is familiar with the particular court your case is being tried at and who may have strong working relationships with the judges in that courthouse. The team at Okabe & Haushalter has extensive experience defending clients who face charges of this nature and will fight relentlessly to clear your name and protect your rights.