Probation Violation Attorney - Fighting your Probation Violation and Keeping You Out of Jail.
Call my office as quickly as possible if you are facing a probation violation. People often violate conditions of probation in Orange County without knowing it. These are common probation violations that can be snipped before they turn into a full probation hearing in court.
What is a probation violation?
A probation violation is where you failed to live up to the promises made to the court on your criminal case.
What Happens After Conviction and how does Probation Fit in?
When you are convicted of a crime and sentenced, you are almost always put on probation, and the potential jail time is hung over your head. This means if you violate the terms of probation, then you will be given county jail, or your prison sentence will be imposed.
Special Conditions that Result in a Violation.
Instead of doing this this the court will put you under their jurisdiction for a probationary period. This is called probation. During this time, you are subjected to special conditions. These conditions may include having to do community service hours, not to use illegal drugs, having to consent to random searches, no new criminal activity, stay in your anger management classes and to stay in a treatment program.Failure to comply with these terms will result in a violation of probation. If you violate a term of probation, then you will have to go to a probation hearing.
Can a probation violation be dismissed
Yes. Probation violation charges can be dismissed with a skilled violation defense attorney. Violations as a new criminal offense are common. There are so many rules that a probation violator may violate and not know about it. This causes problems with the knowingly violate probation prong of the test. By working this angle, we can convince the decision-maker (usually a judge) that the reason for the violation was not willful.
Different Types Of Probation Violations and their Consequences
Domestic Violence are one of the more common ones because of the order to stay away. Such an example of this would be not making contact with your victim if it was a domestic violence crime. This happens beacuse the victim did not bother to go to PEP classes for the purpose of getting a peaceful contact order and the defendant just decided to ignore the stay away order. This happens because they wanted to ignore the bureacracy. The result of this type of violation will be a new crminal case.
Alcohol probation violation
Many DUI probation violations do not immediately turn into an arrest warrant. At least in Orange County, if you are kicked out of your class for excessive absences, coming to class under the influence of alcohol, or missing too many counseling sessions, then the class will let you know ahead of time. This is an opportunity for a favorable outcome.
Skilled defense attorneys will let the courts know ahead of time and let the judge know and asked if they can be reinstated in the rehabilitation center before the warrant comes out. . If this happens, then time is of the essence.
Felony Probation Violation
Procedure if you are in Violation
However, if convicted of felony probation, then the procedure will be different, you will have supervised probation, the maximum penalty will be higher, and you will be subject to additional probation terms. .
You will have either imposition of sentence or executed suspended sentence over your head and will have community supervision. You will have an officer who has broad discretion over what you can and can't do, and your rights will be limited. The officer is someone you will meet with once a month to ensure you follow the conditions for probation.
Failure to see your probation officer or report to the probation department will trigger a violation warrant and a probation violation hearing. If this is the case, you will need to be on good behavior until your probation period expiration. Also, it's good to be nice to the probation officer during supervised probation as they can put you in jail over a technical violation or overlook a negative drug testing.
Jail time for Violations
In Orange County, a first felony probation violation can result in 90 days in jail. There are different grounds for revocation that a defendant on probation can trigger. The punishment for probation on a new crime will differ from one, such as getting a positive drug test or even picking up another felony offense. Either way, when this happens, you will get a probation notice or violation warrant mailed to your house.
The person who has domestic violence is treated the same as a person who has a new felony or a failed drug test if they violated the conditions of probation. If you are in doubt of the seriousness of the hearing then you should consult with a criminal defense lawyer.
The reason for your violation is important. You need to know the term of probation that you are violating before you make a decision to go in. Going in without knowing the reason is dangerous also hiring an attorney for just a technical violation is also not a wise use of resources.
Can you bail out of jail on a probation violation?
4 Common Ways to Get an Orange County Probation Violation
1. Missing Your Appointment with Alcohol Liaison Will Result in a Probation Violation Hearing in California-
One of the most common ways to an Orange County Probation Violation is to not be at the alcohol liaison. People will be sad to hear that there are consequences to this. The alcohol liaison is the court liaison between the court and the alcohol program as part of their original sentence. This happens a lot in Orange County Courts. Judges in Orange County courts require defendants to report to alcohol liaison to sign up with DUI classes. Lots of people feel it is unnecessary to go. People in this situation have already signed up for their alcohol classes because they wanted to get their restricted license. They feel that they do not have to go because they have already completed the class. This is a reasonable assumption; however it is wrong. The court needs to know that you are signed up with the class, and there is no way for them to know unless you go thru the liaison.
2. Probation violation for not paying fines
Collections will let you pay your fine in payments. There are consequences for not paying fines. After you are convicted of a crime, the court will put you on a payment schedule and send you over to the alcohol window. They will put you on a schedule that will have you pay your fine at the same time every month. I always suggest to my clients to pay their fines monthly and put it on auto-pay. However, many people do not like auto pay and decide to do things themselves. Sometimes emergencies happen, and a person will not be able to pay their fines. When this happens, there is a technical Orange County Probation Violation. A letter will be generated by the court demanding that you show up. In addition to this, there may be a sheriff knocking on your door. It's important to take care of this matter as soon as possible. Finally, an excellent reason to pay this off is that it is the only way to get your charges dismissed after probation has ended.
3. Violating DUI Probation
One of the most common ways people get put on probation is for a DUI. Many people are placed on probation for this crime instead of doing statutory maximum jail time with a criminal sentence. As a result, there is lots of Probation violations in Orange County relating to DUIs. Many of these are minor violations that do not result in jail time.
One of the most common types of probation is forgetting to enroll in a class or alcohol treatment. If this is the first time and your goal is to not go to jail, then you do not need legal representation. Another type of violation is falling asleep or coming to the MADD impact panel late. Finally, the one I see the most is not paying your fines on a first offense DUI or doing your community service.
4. Additional Crimes which can lead to an Orange County Probation Violation
Another cause of violation proceedings a new run-in with law enforcement while out on felony probation or unsupervised probation. These new crimes never have to be serious for a Probation Violation in Orange County. Any crimes in the California Penal Code will be enough. It doesn't matter if you have a defense or not. The new charge will be enough for the court to bring a probation violation against you. Some of these new crimes can be small crimes such as disorderly conduct because you had too much alcohol in our system or include driving without a license or urinating in public. These crimes can also be more serious such as a second DUI or a violation of a stay-away order.
What happens at a probation violation hearing
Depending on the circumstances, the judge can reinstate your probation, make your probation stricter, or revoke it entirely and send you to jail.
Common tasks that always come with an Orange County Probation Violation can include a fine, need to work on public works construction projects, you stay employed, refrain from drug and or alcohol use, and for some sex crimes, you wear an electronic monitoring device. Violation of any of those will make you face a probation violation hearing. The point of probation is to let you stay out of jail or shorten the jail sentence itself.
People need to think twice about admitting that Orange County Probation Violation. Generally, you have to wait 36 months or 60 months or until the end of your probation to dismiss your criminal charge.
However, in order to expunge, a California criminal charge takes work. There are some requirements. First, you have to be off probation. This differs based on where you are at. In Los Angeles, it is 3 years, and OC, it is generally 3 years. However, I have seen probation terms for probation going up to 5 years.
The rules for a probation revocation are different from other criminal proceedings. They can allege the violation proceedings and expect you to come to arraignment first, then set the hearing for later. The requirements to prove your guilt is a preponderance of the evidence and not the same as reasonable doubt like your underlying offense.
Lawyer fees for probation violation
Lawyer fees for an Orange County case will run about $1200.00 to 1500.00 dollars for misdemeanor violation.
The fees will cover the arraignment and the hearing. Violation is problematic if a person wants to expunge or dismiss his case and he is still on it. When a person wants to expunge a case, they must also be careful not to violate probation. Many people violate probation while on a crime like a DUI.
The sad part is that many people do not realize what they are giving up when admitting probation. They think they are getting reinstated on probation and are given a free chance. However, this is far from the truth. What really happened was that they admitted their probation, and when this happens, they are taken out of compulsory dismissal under 1203.4. Basically, this means that relief as a dismissal becomes much harder. You can't expunge a California case as easily when you have a technical violation.
This happens when people are late for classes on their criminal case or are late on paying fines. It pays to think twice before admitting to that probation violation. I have seen it way too many times. There are times when the alcohol classes forget to send paperwork and the client has already done with the classes. If a new DUI popped then it may advantageous to handle that DUI for some kind of house arrest instead of jail timeassuming the conditions (right courthouse, right judge, and set of facts, right prosecutor and of course right lawyer) are right.
There is always relief after probation has ended. The chances for clearing our record are much higher when there is no probation violation than if there is one.
Ultimately it is your choice whether you keep the papers or not, but I always advise my clients to cover their butt. The courts are not malicious, but there are many paperwork flying back and forth, and things do get lost. You need to hold on to your papers to avoid that Probation Violation in California.
Can an attorney negotiate a probation violation
Yes, a criminal defense attorney can negotiate a violation of probation on your behalf. I know that many probations are minor and do not warrant an arrest warrant. Depending on the original offense, I may argue that the violation was only technical and was overlook by my client, and if given a chance, my client would follow the condition which relates to probation for the remainder of probation. If you are convicted of a misdemeanor, then you may have to do a progress report instead of a probation officer.
Orange County Probation Penalties
Early Termination of Probation
One of the ways to avoid this scenario is to go after the Early Termination of Probation relief.
Thanks to the Early Termination of Probation motion, Probation does not have to be for the full three years. There are ways to end probation and expunge the charge. Everyone's situation is different and must be looked at individually. Just as there are many avenues for ending probation,
Jobs sometimes put conditions on promotions. Some of these promotions may require a security clearance. This security clearance may require a person to not be on probation. This sometimes results in a person less qualified to get a job over a person who is qualified. An Early Termination of Probation will help the person get the promotion they deserve and are working towards.
Another reason for an Early Termination of Probation is for the purpose of getting a job. However, the problem here is that when a person is seeking early termination of probation, they are usually seeking a job. The reality is that the people are rejected after a background check. An employer will seldom say that they rejected you because you are on probation. They will merely say that they have found another more qualified candidate.
Early Termination of Probation is not easy. The courts will not listen. A judge will not terminate probation unless he has good cause. He will not terminate probation just because a person has a hard time getting a job. This means the old I have trouble finding a job, but I can't give you anything to prove it will work. As discussed above, an employer will seldom say that they rejected you because you are on probation. They will merely say that they have found another more qualified candidate.
You must talk with a qualified attorney for your probation violation case. The scary part is that when you pled out your case, you agreed to be sentenced up to the max in jail if you violated your probation. This gives the court the power to bring you back and give you up to a year in jail for the case. Having an attorney familiar with the probation violation system can mean the difference between spending time in jail or staying out of jail. The last thing you want is an attorney who does bankruptcy in Ventura to handle your Orange County probation case. If you want someone to handle your probation violation case for a DUI, then you should probably get an Orange County DUI Attorney to handle the case for you.
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