Probation Violation Attorney in Orange County

Ways of Violating Probation

In many cases where an individual is convicted of a misdemeanor or similarly serious offense, they may be placed on probation in lieu of a jail or prison sentence. When this happens, however, the offender must comply with certain terms and conditions in order to maintain their relative freedom and avoid being placed in jail or prison for the remainder of their sentence. Common terms for probation include the following:

  • Reporting to a probation officer regularly
  • Staying within a certain radius of a given geographical location
  • Finding and maintaining employment
  • Not committing any more crimes

The moment a probationer fails to follow any of the above or other terms of their probation, they could be charged with a probation violation. When this happens, they will be sent to jail or prison - whichever would have been their original sentence - and will be required to serve the remainder of their term of imprisonment, usually without chance of parole (early release for good behavior).

The laws detailing the probation process in California can be found in the Penal Code § 1203. The entire purpose of probation is supposedly to "rehabilitate" an offender so they do not commit the same offense again, rather than sentencing an offender to a punishment. Probation can be granted to those charged with felonies and misdemeanors.

The guidelines are different for each, so be sure you thoroughly understand the restrictions of your probation so you can follow through. There are a number of reasons you could be charged with a violation of your probation. Since probation requires an individual to frequently check in with their probation officer, submit to drug testing, attend rehabilitation and other similar requirements, failure to do so could constitute a violation. The probation violation hearing will evaluate whether or not there was an actual and intended violation of probation.

What do I do if charged with probation violation?

Hire an Anaheim probation violation lawyer immediately if you are facing charges. With experienced legal representation, you could quickly and effectively prove to the court that you did not violate your probation. Also, be sure to act respectfully and comply with your probation officer's orders. Good behavior could act in your favor and help prove that you do not need to be sent to jail or prison.

Contact an AV Rated® Lawyer

Are you facing accusations of probation violation? The Law Office of Barney B. Gibbs could help! As a caring attorney with more than 30 years of exclusive criminal defense experience, Mr. Gibbs has a detailed understanding of the Orange County criminal courts, as well as professional relationships with the judges and DAs. With such valuable insight into the court system, this firm could build a strong defense and aggressively fight your charges. Call today for a free consultation to learn more about the firm and how an Anaheim criminal defense attorney could fight for you.