Los Angeles Probation Violation Attorney
Accused of Violating the Terms of your Probation?
When a defendant is convicted of a crime, he or she may be placed on probation as a part of their sentence—rather than serving a full term in jail or prison. As a part of this conditional and supervised release, the defendant must comply with all of the terms and conditions imposed by the court.
Failure to do so could result in a probation violation (PV), which may come with a county jail or state prison sentence. If you have been accused of violating the terms of your probation in Los Angeles, it is recommended that you get in touch with a Los Angeles criminal defense attorney at our firm as soon as possible.
Stephen G. Rodriguez & Partners has been defending clients for seven decades combined. Find out how we can assist you by setting up a free consultation.
How Probation Works in California
In the state of California, there are two different types of probation: summary probation and formal probation. Generally, probationary periods last for three years, but they can be extended to five years. If you are placed on summary, or informal, probation, all that you will need to do is abide by the specific terms of your sentence. In other words, you will just need to stay out of trouble. If you are placed on formal probation, however, you will be required to report to your probation officer at least once a month.
Under both types of probation, you may also be expected to participate in certain activities—including, but not limited to, counseling, community service, and regular drug testing. If you fail to abide by any of the conditions outlined in the terms of your probation, your probation can be revoked. If your probation is revoked, you could be sent to jail or even prison to finish out the rest of your sentence. For this reason, it is imperative that you understand all of the rules that you will be required to follow.
You could face probation violation charges for several reasons, including:
- You fail to pay court-ordered restitution
- You fail to complete a rehabilitation program
- You fail to complete community service hours
- You fail to appear in court for a progress report
- You fail to stay away from “protected” persons
- You fail to check in with your probation officer
- You are caught with illegal drugs or firearms
- You commit a new crime during your probation
- You are arrested, even if no charges are filed
Penalties for Violating the Terms of Your Probation
If you have been accused of violating your probation, it is important to understand that the penalties will depend on the nature of the violation and the severity of the underlying criminal case. For minor violations, you may be given a second chance to serve your sentence on probation. For more serious violations, however, you could be re-arrested and given a court date for a formal hearing. At this hearing, the prosecutor will be required to prove that you violated the terms of your probation.
If you are found guilty, you could face a variety of penalties, including:
- Term of imprisonment in county jail or prison
- Extended period of probation with added terms
- Requirement to complete physical labor (CalTrans)
- Enrollment in a rehabilitation or counseling program
- Requirement to serve community service hours
How the Severity of Your Punishment Will Be Decided
The outcome of your probation violation hearing will ultimately depend on how the judge weighs the specific factors in your case. The prosecutor may also make a recommendation to the court about how the probation violation should be punished.
When you work with a Los Angeles criminal defense lawyer at Stephen G. Rodriguez & Partners, we can represent your best interests at this hearing. Don’t let a probation violation jeopardize your future – put your case in the hands of a proven defense firm.
Some of the factors that may influence your sentencing include:
- The number of times you have violated your probation
- Whether or not the probation violation involves a new crime
- Mitigating and aggravating circumstances (i.e. current progress)
- The attitude of the probation department or probation officer
- The seriousness and nature of the probation violation.
Don’t Wait to Act – Contact Us Now for a Free Case Review
If you or someone you know has been charged with a probation violation in Los Angeles County or a surrounding area, you need to contact an experienced Los Angeles criminal lawyer immediately. With more than 70 years of combined experience and a proven track record of success, Stephen G. Rodriguez & Partners is the criminal defense firm that you will want on your side. In some cases, you may be able to receive early termination of your probation. Contact our office now!
Don’t let a probation violation jeopardize your future! Contact the team at Stephen G. Rodriguez & Partners today for a free case evaluation.
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