Criminal Defense in Orange County

Case of the Month: Probation Violations

This installment of case of the month deals with probation violations. A probation violation occurs when a criminal defendant either gets a new law violation or fails to abide by the terms of probation.

As part of a plea of guilty, criminal defendants generally have to pay fines, and/or restitution or perform public service. Plenty of time is allotted in order to satisfy these obligations. Unfortunately, people tend to put these court obligations on the back burner and then forget about them. The difference between court obligations and other personal obligations is that you can be sent to jail for breaking your promise to the court.

The original facts of a case are generally unimportant in a probation violation. Rather, the problem is the criminal defendant, regardless of the reason, has usually failed to do something that they promised to do. Placed in this light, there does not appear any attorney can do much for his/her client in probation violations cases. This, however, is untrue. A good attorney can significantly help.

Not only is it important to know what to say, it is equally important to know how to say it. I have seen many unrepresented defendants speak to the court as they would speak to their parents. Whereas, a stupid excuse given to your parents may only cause a mild rebuff, the same stupid excuse to a judge can cause very unfortunate consequences.

The last probation violation case I handled ended successfully for my client because i know what the court wants done and i have my client do it to the best of my ability before we go to the court. This shows a good faith effort on the part of the defendant. Nothing can infuriate a judge more than an adult not acting like an adult. The court is serious about the sentences that are imposed. The criminal defendant must be too.

Contact The Law Office of Barney B. Gibbs if you or a loved one has been charged with a probation violation. Put his 30 years of experience and knowledge to work for you.