for Your Rights
Instead of incarcerating an individual, the court may allow a person to return to their daily lifestyle under certain restrictions, called probation. If the terms of an offender’s probation are violated, they could be looking at harsh consequences. Even if it was a relatively small infraction, the individual could still be sent back to jail or prison to serve the remainder of their original sentence and may also face fines, additional community service, or other punishment.
If you are have been accused of failing to comply with one or more points of your probation agreement, then you may be facing the full sentence you avoided through probation imposed upon you, with added time added for the violation of probation. You cannot afford to wait when it comes to speaking with a qualified Santa Ana criminal defense lawyer as soon as possible in order to avoid additional penalties.
A court could assign a couple different types of probation, each with varying conditions. Formal probation requires that you meet with a probation officer at designated times and dates. Informal probation requires that you complete certain terms, and you will not usually meet with a probation officer. Other requirements could include staying within a certain radius of a fixed location, obtaining and maintaining employment, and avoiding any further criminal charges. Failure to follow through with these terms could result in charges of probation violation.
Depending on the seriousness of the crime, there may be different conditions on probation. For a misdemeanor charge, an individual will most likely be assigned informal probation for up to three years. Usually, the court will require the individual to appear periodically so that the judge can reassess the case. According to California Penal Code 1203, judges are allowed to exercise quite a bit of their own discretion when assigning conditions. They may include fines, restraining orders, search conditions, drug or alcohol abstinence, community service, and enrollment in programs related to your offense.
Those who are convicted of a felony will be held to formal probation for up to 5 years. Individuals will be assigned to a probation officer, to whom they make monthly reports. The probation officer will make sure that their charge is complying with all the conditions and are allowed to verify this by checking your employment and administering drug test, as well as making probationary searches of your personal property.
In many cases, you may be able to avoid charges being filed in the first place by retaining an attorney and working with your probation officer to obtain leniency. Oftentimes, probation violations occur due to circumstances outside of your control or because of an honest mistake. Perhaps you missed your check-in appointment due to traffic, or you accidentally traveled farther than your specified limit.
At Thomas Tears, Attorney at Law, we have worked with people who have probation issues for 39 years and we have the experience and legal know-how that you need in order to maximize your chances of a positive outcome for your defense. Our founding attorney, Thomas Tears, has helped countless people resolve their probation issues in all types of agreements. No matter what the crime was for which you were placed on probation, our firm can help.
The legal team at our firm believes that every person with a legal issue deserves personal attention and focused care and legal attention to their defense. Every situation is different and there is no cookie-cutter method to handling a probation violation case or any criminal defense situation. That is why our lead attorney will personally handle your case himself. You will deal with Mr. Tears directly, not a junior partner or other associate. We are dedicated to providing you with the experienced and personalized representation that your case deserves. Contact us today to learn more!