Probation Violation

A violation of probation occurs if you do not fulfill all of the conditions of probation from a previous conviction. If you have been notified of a probation violation, then you can be facing time in county jail or state prison and/or additional fines.

I have represented numerous clients who have for various reasons had to deal with violations of their probation. Some of these instances came about because of confusion on the part of the courts and their county’s probation department. Some of them were honest mistakes in which the person on probation thought that he or she had completed all the requirements established by the court. And in some instances there were knowing violations of probation. Whatever your circumstances, as an experienced Sacramento region probation violation defense lawyer, I can represent you and push aggressively to resolve the matter and get your life back on track. Probation violations are serious matters, so contact me immediately at (916) 442-1200 to discuss the details of your situation.

I have 25 years practicing criminal law in the Sacramento region, including previous experience as a prosecutor in the Yolo County District Attorney’s Office. I can represent you immediately and intervene on your behalf by scheduling a date for a hearing and contacting the District Attorney’s Office to begin negotiating a successful resolution. And because I personally represent all my clients and do not pass them off to young and inexperienced attorneys, with my expertise and reputation I can work to resolve your probation violation in the best possible terms.

Terms of probationThere are two types of probation. One is misdemeanor probation, also known as summary or informal probation. The other type is felony probation, also known as formal probation.

Probation is imposed on people if they have been found guilty after a trial or if they have plead “no contest” to a crime. After reviewing recommendations from the county’s probation department, the judge in the case will set the specific requirements of probation that must be followed. In addition to the specific probation terms, there can be fines and/or time in jail or prison.

Misdemeanor or felony probation can include many different combinations of mandates, including work project, restitution (paying a person, organization, or government entity for damages or lost money), community service, and counseling sessions. Other requirements can include not going near certain people (such as an alleged victim), not visiting specific locations, and not using alcohol or narcotics. The exact terms of probation will depend on the circumstances of the incident and the disposition of the judge.

Misdemeanor v. Felony ProbationFormal (or felony) probation mandates that you appear in court regularly, have scheduled and regular meetings with your probation officer, or a combination of these two requirements, as dictated by the judge. Felony probation can remain in effect for up to five years.

In contrast, under informal (or misdemeanor) probation, you are generally not required to have regular meetings with a probation officer and do not have to appear at regular intervals in court. Misdemeanor probation usually lasts one to three years and puts the responsibility on the convicted person of abiding by all the conditions of probation set by the judge.

Violations of ProbationA violation of probation occurs when some or all of the probation requirements established by the court are not met. There are numerous ways of ending up with a probation violation, but some of the most common are: not completing community service or counseling, getting arrested for some new offense, having in your possession weapons or illegal drugs, or not paying mandated restitution. Depending on the seriousness of the conviction and the circumstances of the probation violation, the court can issue an arrest warrant or it could merely send a notice by mail.

Free and Confidential ConsultationFailure to abide by the terms of probation can have serious consequences, including jail or prison time. If the probation violation is legitimate, I will work to minimize the consequences. If a mistake has been made and the alleged violation is not legitimate, I will present evidence and arguments to document your case and defend your rights.

Probation violations do not go away on their own and are not forgotten by the courts. It is imperative that you are represented by an experienced and knowledgeable Sacramento defense attorney. If you or someone you know has a violation of probation, call me now to begin the process of relieving this burden. Contact my office at (916) 442-1200 to discuss your case in a free and confidential consultation.