A First Time Probation Violation in Orange County is not the end of the world. It’s important to know how serious the violations are as it relates to the original charge, the history of the person violating probation, and the specific court and judge you will be appearing in for your violation. Below are some of th most common questions I have run into in regards to first-time probation violations as an Orarage County Probation Violation Attorney.
Will I Get Jail Time for a First-Time Probation Violation?
Technically yes. You can be facing jail time for the first violation of probation. The judge has the authority to resentence you on your case to the maximum amount of jail time according to your original crime. However, this usually will not happen unless you were warned many times by probation officers and judges in court about violations.
What Can Happen to Me After a First-Time Probation Violation?
On a first-time probation violation in Orange County for a misdemeanor, you will be facing a probation violation hearing. The judge will preside over this hearing and hear testimony for the new crime or offenses. Then after the probation hearing, the judge will decide whether there is a violation and what the penalty will be. The penalty depends on the severity of the violation. If it was a technical probation violation such as forgetting to enroll in a DUI class then the judge will most likely just have you admit and reinstate. This means there are no additional fines or jail sentence and you will be given another chance to complete probation.
What Happens If My First-time Probation Violation was the result of a New Offense?
However, if your first probation violation was the result of having an arrest for new offenses then there will most likely be a penalty associated with your probation violation hearings. These new penalties can be community service, more fines, a jail sentence, or even a prison sentence if your original charge was a felony and you are on an executed suspended sentence.
Factors that will weigh on your penalty from the judge for your first probation violation the type of probation you are on. If you are on formal probation then you will have a probation officer’s report. These will almost always say they recommend 90 days in jail.
The nature of your new criminal offense that triggers the violation. For example, if you are on DUI probation then a new violation of disorderly conduct will not be considered a minor violation and not as serious as a second time DUI. One will get you reinstated and the other will get you 90 days in jail in Orange County.
What is triggers a first-time probation violation in Orange County?
Aside from new criminal activity, several technical violations can trigger a first-time probation violation in Orange County. There are so many terms of probation that it is easy to violate without knowing. Also, some of these violations are so minor that a person without probation would not violate them. These include not paying court costs, being late to your alcohol program too many times, not finishing community service hours in time, or missing alcohol testing in DUI Court.
Can a first-time probation violation be dismissed?
Yes. A first-time probation violation can be dismissed. There are defenses out there such as the lack of knowledge of showing up to a program for not registering or a violation of some other terms of probation. Or if it was a new criminal activity that resulted in an arrest then the arrest can be fought and if there was an illegal stop the case along with the probation violation will be dismissed.
Do you need a lawyer for my first probation violation?
It depends. No, if you this is a technical violation such as forgetting to show up to the alcohol window at court, being short on your hours of community service, or being late for registering in your alcohol class. These types of violations do not have severe consequences and all you need to do hire a probation violation lawyer.
What if my first-time probation violation was for a new case?
However, if you are on formal probation with Probation officers lingering around then chances you will need an attorney. Probation officers in Orange County Probation Department are notorious for being nice to you in person then recommending you get 90 days in jail out of the blue. Also, if you are facing new charges then you will need to put on a defense of the new criminal charges and will need someone on your side.