Probation Issues

Probation Issues

Paladin Legal Defenders: Experienced Probation Violation Attorneys in Huntington Beach, Orange County

People make mistakes, it’s when those mistakes turn into crimes that things get serious. In many instances, when a case results in a conviction, probation is granted.  Probation is a period of supervision over a Defendant with a set of terms laid out by the court that the Defendant must follow.

There are two types of probation, supervised, otherwise known as “formal probation” and unsupervised, otherwise known as “informal probation.”  In the case of supervised probation, the Defendant is required to meet regularly with a probation officer.  Unsupervised probation does not require meetings with a probation officer, but the Defendant still must abide by the terms set out by the court.  If any of the terms of probation are violated, the Defendant is exposed to more punishment, including but not limited to jail time.  It’s not uncommon for someone to violate their probation or have other issues in California. That’s why the team at Paladin Legal Defenders does everything possible to fight for our clients. If you or a loved one has a probation issue, don’t hesitate to contact our law firm at 1-714-536-9988 to schedule a consultation.

Revoking or Modifying Terms of Probation in California

If you are found to have violated the terms of your probation, the court has the legal authority under California Penal Code Section 1203.3 to revoke, modify, or suspend probation. This is done during a probation revocation hearing.  The judge presiding over the case has discretion to determine your sentence and will base the decision on whether there have been any prior violations, the seriousness of the current probation violation, your criminal history, and recommendations made by the probation officer (if applicable).

In some instances, the circumstances of the Defendant may change while they are on probation making the initial grant of probation difficult to comply with. In these situations, in order to avoid a probation violation, the Defendant can file a motion with the court to have the terms of their probation modified. These motions can be tricky because judges do not generally like to change the terms set out at the conclusion of the case.  However, in certain circumstances these motions are granted.  At Paladin Legal Defenders we have assisted many clients in modifying the terms of their probation.  If for any reason you or a loved one is having trouble complying with the terms of your probation, give us a call to see how we can help.

The Consequences of a Probation Violation

There are many consequences you can face if found guilty of a probation violation. Legally, the court can revoke probation and sentence the defendant to the maximum sentence permitted by law.  For less severe violations the court can sentence the defendant to the following, including but not limited to:

  • Jail time
  • The term of the probation is extended
  • Counseling is ordered
  • New terms of the probation are added
  • Community service is ordered
  • Alcohol or drug counseling is ordered

Common Probation Violations in Orange County

There are many ways in which you could wind up violating the terms of your probation in California. This alone is why you should always consult with an experienced probation violation lawyer about your case. The most common probation violations in California include the following:

  • Failing to attend a court hearing: The terms of your probation could require you to attend multiple court hearings to discuss your progress. Missing just one of these hearings could be viewed as a probation violation.
  • Failing to attend a meeting with your probation officer: Supervised probation means that you will need to check in with your probation officer periodically. Failing to do so can result in a violation being filed against you.
  • Failing to pay fines: The judge might have ordered you to pay restitution to your victims or pay fines to the court. You will be given a set date when these payments are due. Missing just a single payment could lead to a violation.
  • Visiting specific people or places: Terms of your probation might prevent you from associating with specific people, such as known criminals, or visiting specific locations, such as where you committed the crime. Doing either of these is a violation of your probation.
  • Failing to complete court-ordered community service: The court might order you to complete a set number of hours of community service. Failing to complete these hours would be a violation of the terms of probation.
  • Commission of another crime: Almost all offenders serving probation will be charged with a violation if they commit another crime while on probation. This generally excludes minor traffic violations.
  • Failure to find complete Alcohol and/or Drug Treatment: The court might order you to enroll in an alcohol and/or drug treatment program as part of your probation. Failure to do this can lead to a probation violation.

A Criminal Defense Attorney Can Help You Fight a Probation Violation

Probation violations come in many different forms. If you or a loved one has been charged with a probation violation it is important that you consult with an experienced probation violation attorney immediately. An attorney will be able to help present your case to the judge and try to avoid further punishment. Contact the Paladin Legal Defenders today to schedule a consultation about your case by calling 1-714-536-9988 or contact the law firm online. Your freedom is at stake when facing a probation violation. Don’t fight this charge alone as you might not know the laws surrounding the violation or your complete probation terms.

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