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PROBATION Violation Lawyer
CALIFORNIA PROBATION VIOLATIONS OVERVIEW
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California Probation Violation Lawyer
In California, individuals who have been convicted of a crime may be placed on probation. (Penal Code §1203). Probation is defined as “the suspension of a sentence’s imposition or execution and the order of conditional and revocable release in the community.”
If you choose to be placed on probation, you will receive a shorter jail sentence at the time of your conviction; however, if you violate your probation in the future, you may be subject to a longer sentence.
What Is The Difference Between Formal and Informal Probation?
There are two types of probation: Formal (Felony Probation) and Informal or Summary (Misdemeanor Probation)
What Is Formal Probation?
Formal probation requires you to maintain an active, ongoing relationship with the probation department, the nature of which depends on the circumstances of your case. For instance, if you are convicted of drug-related felonies, the court may require you to check in frequently with the probation department and submit urine samples for drug testing.
At the time of your sentencing, the probation department will also write a formal report recommending the terms of your probation and the length of your jail sentence.
What Does Informal or Summary Probation Entail?
On informal probation, you are neither assigned a probation officer nor required to check in with the probation department, with the exception of certain misdemeanor sex offenses. You must simply comply with the terms of your probation.
What is a Probation Violation?
When an individual is placed on probation, he or she is given “Probation Terms.” A probationary period is an instruction to do or refrain from doing something. Examples: “Pay a $50 fine to the court” or “Do not drive with any alcohol in your system.” Every person placed on probation in California is ordered not to break the law.
Common causes of probation violations include being arrested or convicted of a new offense, failing to pay court-ordered fines and fees, and failing to perform jail or community service.
Inside the World of Probation Violation Lawyer! Hire us and get a free case evaluation.
Probation Violation ensures several nuances, offering effective defense strategies. A right probation violation lawyer can effectively navigate all these challenge effectively. We have a team of experienced probation violation lawyer to protect the rights, offering with the best defense possible. We achieve favorable outcomes for our clients, offering a deep understanding of the legal system and commitment. Contact us today and get the most proficient probation violation lawyer.
Am I permitted to contest the violation in California?
Absolutely. In California, individuals accused of violating their probation are entitled to a hearing before a judge to determine whether they willfully violated their probation. You may present evidence, choose to testify, and cross-examine witnesses called against you at this hearing.
You do not have the right to a jury at this hearing, and the rules of evidence are extremely lax, so evidence that would not normally be admissible against you (e.g., hearsay) may be used to prove the violation.
What Will Happen if the Judge Finds that I Have Violated Probation?
There are several possible outcomes in a probation violation setting.
- In some situations, a judge may simply "revoke and reinstate" your probation, which means that the court has determined that you violated your probation but is willing to give you another chance to complete it successfully. You may still have to serve jail time, but it will be less than the maximum sentence.
- If a judge completely revokes your probation, you may then be sentenced to the maximum jail term for the offense. For example, if you are on probation for a DUI conviction, the maximum sentence for a DUI is six months in county jail. So, if a judge revokes your probation, you could be sentenced to six months in county jail minus any credit you have for time already spent in custody. For felonies, this can be years in state prison.
What is a Probation Modification?
A probation modification is a modification or change to the terms of probation. A modification will either add, alter, or remove terms to allow you to engage in conduct that deviates from the court’s original order. To modify your probation, you must file a motion with the court, per section 1203.3 of the Penal Code.
Examples of typical modifications to probation include:
- Requests to complete probation requirements outside the county
- To convert fines to service in the community
- To remove a prohibitive clause, such as "Probationers are prohibited from congregating in establishments where alcoholic beverages are sold," so that you can go to a bar with your friends.
This is a discretionary statute, which means that you must convince the judge that modifying the terms of probation will serve the interests of justice. A request for lighter or easier probation terms is unlikely to be granted without a compelling justification.
Facing probation violations? Safeguard your rights and secure your future. Act now.
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PROBATION violation Attorney California
Probation involves the time period which a crime committed person has to obey the law rather than being sent to prison. Every revocation hearing involves the possibility of going to jail. It is important to hire probation violation attorneys to reduce the possibility of going to jail. At Kareem Law APC, our experienced probation violation attorneys can represent you to obtain the best possible outcome. Hire our probation violation attorneys and get prepared early to address the specific concerns raised by probation revocation period.
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Should I Just Admit that I Violated Probation?
Not before consulting with a Riverside probation violation lawyer. There may be some advantages to admitting you violated probation in certain circumstances, but you won’t know for sure unless you speak with an expert first. A Riverside probation violation attorney with a strong criminal defense background, such as those at Kareem Law Group APC, will be able to properly advise you on whether you should admit the violation or fight it at the probation revocation hearing.
A Riverside probation violation attorney with a strong criminal defense background, such as those at Kareem Law Group, APC will be able to properly advise you on whether you should admit the violation or fight it at the probation revocation hearing.
What Are the Possible Defenses in California?
Only good probation keeps you out of jail if you’re on probation. Any probation violation will jeopardize your freedom. Keep your freedom at all costs. Never quit! As soon as you are charged, contact Kareem Law for a skilled probation violation attorney.
You may have a better chance than you think. Most probation violations are unintentional or unavoidable. A traffic jam that keeps you from community service can bring you back before the judge.
We may be able to restore your probation status or reduce your jail sentence if we can convince the judge that your violation was unintentional.
What is Expungement?
After probation, Penal Code section 1203.4 allows expungement. An expungement lets you withdraw a guilty plea or set aside a guilty verdict at trial, dismissing the case against you as if you were never convicted.
This has limited benefits. If your conviction is expunged, you don’t have to tell employers. However, if you apply for government work, you will likely be specifically asked if you have been convicted of any crime, even if it was expunged.
Even if you did everything the court asked, Federal Immigration Law could still classify you as “eligible for deportation” or “ineligible for admission” based on an expunged conviction.
Our Los Angeles expungement attorney helps clients with expungement and motions to terminate probation because we believe your criminal record should not define your life.
How a Kareem Law Firm Can Help?
However, going up there without a California probation violation attorney who knows and cares about defending against this crime, which so many people face every day, puts you at risk. Avoid this. Call now for a free consultation.
Kareem Law offers free consultations.
Make Sure You Hire a Reliable Criminal Defense Attorney
When you are facing criminal charges, you need an experienced criminal defense attorney you can trust. Kareem has been practicing criminal law for more than a decade and is one of the most trusted and highly rated attorneys. Whether you need help with a domestic violence case, felony and misdemeanor cases, theft crimes, or any other criminal charges, call Kareem Law APC for excellent legal representation. Kareem is a compassionate criminal lawyer who will protect your rights, guide you through every step of the process, provide you with the legal counsel you deserve, and fight hard to obtain optimal results. Call today at (888)-506-6519 or use our online contact form to schedule contact with a seasoned criminal defense lawyer in Riverside.
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I was very fortunate to have had Kareem as my attorney. From our very first conversation, I could tell he was very knowledgeable and experienced. His empathy and care for my situation, were encouraging and made me feel safe. Kareem was very personable, reachable, and communicated clearly. Kareem put a lot of effort to get the case dismissed and achieve a complete resolution without the additional stress of a trial. I am beyond grateful to him!
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Attorney Kareem uses his training and experience as a former prosecutor to defend clients throughout Los Angeles and San Bernardino. If you are arrested or charged with a criminal offense, you need someone with experience to defend and protect your rights. Call Kareem.
