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
§ 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?
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.