Los Angeles Probation Violation Lawyer
Probation Issues in Los Angeles
People who have been convicted of crimes sometimes receive a probationary sentence as opposed to straight jail time or prison. While the ability to remain in the community to serve a criminal sentence is beneficial, probation rules are difficult to comply with and sometimes the result is a probation violation. Are you being accused of violating your probation and are facing punitive action? If so, at Stephen G. Rodriguez and Associates, you will find an experienced Los Angeles criminal defense attorney who may be able to help. Please contact us to schedule a free consultation so that we can evaluate your situation and determine your best possible course of action.
In California and Los Angeles County, there are two types of probation: Summary Probation, also called informal probation and Formal Probation. As a general rule, probationary periods are for three years. During that time, if you are on summary probation, all you need to do is complete the specific terms of your sentence and stay out of trouble (no new criminal cases). If you are placed on formal probation, then you must report to your probation officer once a month and do as requested. During either type of probation you may be expected to participate in certain activities, such as attending counseling, performing community service, completing physical labor and undergoing drug testing. If you break any of the rules, your probation can be revoked and you could be incarcerated. It is possible to violate probation in numerous ways. Some of them include:
- Failure to pay a fine
- Failure to pay restitution
- Failure to enroll in or complete rehabilitation or community service
- Failure to appear in court for a progress report
- Violation of probation rules, including:
- Staying away from certain persons
- Reporting to probation officer when expected
- Possession of illegal drugs or guns and firearms
- Associating with known criminals
- Committing new crimes
- Being arrested even if no criminal charges are pending
The penalty for violating probation depends on how serious the violation is. If a lesser violation, chances are you will be given a second chance on probation under the same terms and conditions. If a more serious violation occurred, you may be facing consequences and could either be arrested or given a court date for an official probation violation hearing. At the hearing, the prosecutor must prove that you violated your probation. If you are found guilty, the court may impose one of several punishments. Following are consequences of a probation violation:
- Potential jail or prison sentence
- Probation extension
- Additional probation terms imposed
- Probation revoked
- Probation reinstated with same terms and conditions or different terms
- Community service
- CalTrans (physical labor)
- Rehabilitation/counseling/treatment program
The outcome of your probation will vary, depending on several factors that are considered by the judge and prosecutor. A skilled attorney from our firm can prepare you for the probation violation hearing and make a difference in the final result. Probation violation considerations include the following;
- The seriousness and nature of the probation violation
- The number of times you previously violated your probation
- Whether the probation violation involves a new crime
- Mitigating and aggravating circumstances
- The attitude of the probation department or probation officer
- The timing of the probation violation, i.e., whether it happened early in your probationary period or at the end
Parole is the conditional release of a prison inmate after serving all or part of a prison sentence and allows the inmate to live in the community under supervision for the parole period. The decision to grant an inmate parole is the responsibility, in a majority of states, of a board of parole or commission. A violation of the conditions of parole is serious and can result in revocation and re-imprisonment. Parole violations may subject a defendant to at least one year in the county jail. If there is a parole violation hearing, usually attorneys are excluded from the proceeding. In fact, most parole hearings involve just the parolee, the probation officer and a small committee. Unfortunately, in most cases, an attorney cannot assist in your parole violation hearing.
Probation Violation Attorney in Los Angeles
There are a number of ways that a skilled attorney at our firm, with our combined experience spanning 70 years, can help you prepare for your probation violation hearing, in the event that one takes place. Whether you are an adult or a juvenile facing a violations hearing, we can gather character, employment or reference letters to present at the hearing, establish communication with the probation department or even your probation officer, locate and interview witnesses necessary for your defense, and we can effectively negotiate alternatives to jail. Let us help you avoid serious consequences from your probation violation hearing so that you can move forward and finish out your probation in the shortest amount of time possible.
We encourage you to contact a Los Angeles probation violation lawyer if you are in need of assistance in a probation violation case.