SAN DIEGO PROBATION VIOLATION ATTORNEY
California Probation Violation Consequences
After being convicted of certain crimes, you may have to go through a period of probation before you can resume your normal life. Probation serve as a supervisory program to ensure offenders coming out of the system are working towards a better future and not reengaging in old habits. The terms of probation will likely vary depending on the type of crime and circumstances of the case. Every individual who must serve a probationary sentence, however, is required to do certain things to remain in compliance.
The terms of your probation should be clear. If you have any questions regarding your probation, ask for clarification before agreeing and going out into the world. Probation violation consequences are often severe and could lead to additional jail time.
Get a free consultation with our San Diego probation violation lawyer today!
What Violates Probation in CA?
In California, the court will determine the terms of your probation, which may include any conditions reasonably associated with the criminal offense for which you were incarcerated. The most common probation violations include:
- failing to pay fines
- failing to attend mandated programs and functions
- leaving an area of geographical restriction
- committing a crime
- failing to appear in court when called upon
Each individual on probation is required to maintain contact with a probation officer responsible for keeping an eye on any potential violations. If a probation officer notices any violations, you may face arrest and have your probationary privileges revoked.
Informal vs. Formal Probation in California
In California, there are two different types of probation: informal and formal.
Informal Probation Violation
Those on informal probation aren’t officially supervised and do not report to probation officers, even though they may be expected to attend counseling. Instead, they report directly to the court when submitting any documents, completing probation, or getting arrested.
Formal Probation California
Formal probation, on the other hand, requires that the parolee meets with a formal officer a given number of times a week or month. Those convicted of serious crimes or long criminal records are generally required to spend more time with formal probation officers.
Probation Violation Hearing California
A probation officer does not have the final say in whether your probation is revoked. Instead, you will be called to a probation revocation hearing. During the hearing, the judge will evaluate your history and the circumstances of the violation to determine which consequences will be imposed. Some completely lose the right to probation and may return to prison for a period of time. Others may face an extended probationary period or additional terms to the conditions of the probation. Counseling and rehabilitation programs may be added to the terms of probation.
What's the Difference Between Parole and Probation?
Probation and parole are similar, but they are not the same. Probation allows individuals to continue to live in society in lieu of serving a part or all of a prison sentence. Parole, on the other hand, occurs when those who have been in prison are allowed to leave early for good behavior or other reasons. Individuals on probation and parole are subject to some of the same expected behaviors, and probation and parole hearings may be very similar in nature.
How a San Diego Probation Violation Attorney Can Help
If you have been accused of violating the terms of your probation, you may want to contact a criminal defense attorney for guidance. Your probation officer may not understand the circumstances surrounding your violation or he or she may have the wrong information. A San Diego probation violation lawyer may be able to keep the court from revoking your right to probation and prevent other consequences from being inflicted on you unnecessarily.
The consequences imposed on individuals on probation can be needlessly harsh. There are already so many hurdles to regaining a normal life after a conviction; the last thing you need is for the courts to come down hard on you for no reason or for a misunderstanding.
At The Law Office of George Gedulin, we understand how probation hearings work and can help you develop a defense that makes sense. Our firm fights aggressively for our probation violation clients so they can get back to their lives without facing more legal consequences after a conviction.
For more information about our approach to probation violation hearings, reach out to our office in San Diego today. You can also call us at (858) 281-4605.
16 Counts, Unlawful Sexual Intercourse with a Minor Sentence Reduced, All Other Charges Dropped
Client charged with multiple sexual assault offenses, facing 16 years in prison. Convicted of One Count of Sex with a Minor, 2 years Jail, All other charges dismissed.
24 Count, Insurance Fraud Conspiracy, Grand Theft in excess of $250,000 Reduced Sentence, Other Charges Dropped
Client charged as head of conspiracy to present false claims to insurance companies, losses over $250,000. Client facing 22 years in State Prison. Convicted of two counts of insurance fraud, sentenced to 2 years in jail, remaining charges dismissed.
Assault with semi-automatic Firearm, Criminal Threat, Domestic Violence Dismissed Charges
Charges exposed client to 8 years in State Prison and two serious strike felonies. Court dismisses all gun related charges at preliminary hearing, client pleads to domestic violence charge only, no custody.
Felony Domestic Violence Arrest All criminal charges dismissed
After arrest, defense investigation reveals that spouse was aggressor and caused harm to client, all criminal charges dismissed.
Felony Gun Possession, Felony Child Abuse Charges Dismissed
Client charged with felony gun possession and endangering life of a child being in illegal possession of loaded weapons in the home. Potential 6 year Prison sentence. Child endangerment charges dismissed, NO Custody.
Possession of 5KG of Methamphetamine while Armed with Loaded Gun Probation and Other Charges Dismissed.
Client facing 4 counts of possessing large quantity of Methamphetamine for sale and a loaded gun with no serial number. District Attorney offer of 6 years in State Prison. Ultimate resolution was a plea to gun possession only, probation and credit for time served with no additional jail time. All other charges dismissed.
Restraining Order, Accusations of Sexual Assault Case Dismissed
Defense Victory at trial for restraining order, Judge dismissed complaint against client, finding victims allegations and testimony not-credible.
Shoplifting from Naval Commissary Case Dismissed
Case Dismissed, record sealed in Federal Court
Welfare Fraud No Custody, Case Dismissed Following Probation
6 Counts of Fraud by Misrepresentation and Perjury. Possible 4 year prison sentence maximum. Defense negotiated with prosecution for Diversion Program.
Marijuana Possession for Sale/Transportation Plea to Simple Possession, Probation and Fines,
½ pound of Marijuana, $5,000, baggies, scales and Marijuana storage paraphernalia, potential 4 years in jail, Defense argued insufficient evidence to prove sales of Marijuana or Drug Trafficking and filed motion to return all seized property.