Los Angeles Probation Violation Attorney
If you breach the terms of your California probation – whether it’s a felony or misdemeanor probation – you will be ordered to appear at a California probation violation hearing. If this happens, it’s best to be advised and represented by an experienced LA probation violation lawyer, as the results of the hearing could impact your freedom and future.
In California, probation is a sentence that may be imposed instead of or along with a fine or a jail or prison sentence for either a misdemeanor conviction or a felony conviction. The terms of your probation will be detailed and explained by the judge at your sentencing. Then, you are responsible for meeting those terms to remain free from imprisonment. Your probation officer can further explain your terms.
Regardless of your circumstance, you are not alone in your fight. If you or someone you love is facing criminal charges, time is of the essence. For a free consultation, the Law Offices of Christopher Chaney will assist with finding a solution to whatever legal problem you may face.
Facing a Probation Violation in California
When discussing probation violations in California, it is important to remember that this can happen due to mitigating circumstances. It may be simple to avoid those infractions if you are subjected to regular drug or alcohol tests.
If the terms of your probation, however, require you to make specific child support payments or restitution and you are having difficulties finding a job that supports you and allows you to do that, you may be in violation of probation terms. If you are required to avoid other people on probation and your spouse also has had convictions, lodging may be a financial hardship or a violation.
A strict Los Angeles, CA probation officer may report you. Their likelihood of reporting you could be influenced by any of the following:
- Community service violations
- Domestic violence accusations
- Number of previous Los Angeles criminal offenses
- Your demeanor during meetings
- Whether you break another law like committing theft crimes
A good criminal defense attorney will counsel you as to the right defense strategy for your particular case.
What Are Potential California Probation Violation Consequences?
If you are granted summary probation or informal probation, which is sometimes granted after conviction for a misdemeanor crime, you will not be required to report to a probation officer. However, in this type of case, the judge determines specific probation terms that must be followed. For example, you may be required to pay restitution to the victim, complete community service hours, or abstain from drinking alcohol or using drugs.
Informal Probation Violations
Clearly breaking the law – such as by getting in a street fight or familial assault and battery situation while on probation – will likely result in severe consequences. Not only may you face new charges, but you will also face the repercussions of whatever your original sentence would have been. This could result in serious prison time or extensive fines. Unfortunately, there are also many other, less severe issues that could result in a probation violation.
For simple violations of informal probation such as missing curfew or failing an alcohol test, your probation may be extended, or you may even be sent back for a brief period of additional jail time. Consulting Los Angeles Criminal Defense Attorneys can provide a knowledgeable support system in a time of need.
What Might You Face for a Probation Violation in CA?
Occasionally, defendants facing penal code violations are offered probation rather than prison time as part of their plea bargain. This usually happens if the judge or prosecuting attorney feels that although incarceration is not warranted, some form of official supervision is needed. When this is ordered, there is a term of probation that includes what is referred to as a suspended sentence.
However, as opposed to misdemeanor probation, if you are granted felony probation, conditions would be harsher. This type of probation is also called formal probation and requires regular reporting to your assigned probation officer.
Probation officers are usually responsible for drug or alcohol testing and knowing where you live during the probation period.
Formal Probation Violations
Since there are many probation conditions, there are many ways one can violate probation terms. For example, an individual can’t be associated with known drug users, must submit to searches without a warrant, and even can’t leave Los Angeles County without permission.
Any travel unapproved by the court or the probation department is forbidden while on probation. In other words, if individuals on probation wish to travel somewhere, it would be best to obtain written permission from their probation officers or the court so that they wouldn’t be in violation of their probation sentence.
That’s why those who have violated felony probation can use the help of skilled probation violation lawyers.
If they break the terms of their agreement, formal probation violation hearings may be required to determine whether they have violated probation. If the defendant is found to have violated probation, the judge can modify the probation terms or revoke probation entirely. But, Los Angeles County officials will most likely revoke the individual’s felony probation, and the person will be sentenced to complete their time.
However, if the defendant had extenuating circumstances for their apparent violation of probation (or especially if there was no violation at all), a Los Angeles probation lawyer can help the client retain their freedom.
Ultimately, it is essential to know what your sentence is and what it could mean for your future. For someone on probation, a simple traffic ticket or the inability to maintain employment could result in a lengthy jail sentence or additional fines. When possible, it is best to retain legal counsel so you can avoid anything additional on your criminal record.
Do You Need a Lawyer for Your Probation Violation?
If you are wondering if you need a lawyer for violating your probation, the answer probably depends on whether you have a good relationship with your probation officer and what your violations consist of. Being prompt and conscientious will make a big difference in keeping on good terms with your P.O.
If you have been having difficulty finding work or maintaining employment due to transportation issues or other issues related to your criminal record, an understanding probation officer may be willing to work with you and help you discover your options. Your California attorney may also provide additional information.
If you failed a drug or alcohol screening, depending on the details of your alleged violation, a judge at a probation violation hearing may do one of the following actions:
- Continue your probation with the same conditions and terms
- Add additional restrictions to your probation
- Revoke your probation and order you to jail
Since the potential repercussions of violating your probation vary so widely, the safest course of action is to invest in adequate legal criminal defense counsel to reduce the severity of your case.
Reach Out to a Reputable Probation Violation Lawyer
When hiring a probation violation lawyer, you should do your due diligence and research your options. You want to ensure you are choosing one that will properly listen to your case and offer a reasonable and well-planned strategy. Your attorney should be available and willing to communicate with you throughout the process of your probation revocation hearing in Los Angeles, CA.
Your probation officer is there to help you succeed; however, he or she is also not infallible. An overly aggressive probation officer may find you in violation of something you feel is unjust.
Hiring an Experienced Probation Violation Lawyer
Even with your best efforts, depending on your individual situation, you may accidentally violate your probation or parole. If that occurs, you should immediately contact a Los Angeles probation attorney to help you navigate the possible legal ramifications.
In that case, finding a probation violation attorney in Los Angeles is your best chance of a fair solution. Click here to schedule a free in-person consultation.
