Orange County Probation Violation Attorney
Accused of Violating Probation or Parole?
Are you facing a probation violation? Probation is considered to be a time where the court is testing you and supervising your behavior to see if you act as a law abiding citizen. During this time, you will be held to strict rules and regulations and if you fail to meet the terms and conditions that they set forth, then they may be able to revoke the probation part of your sentence. This means that you could spend the remainder of your sentence incarcerated.
Many different misdemeanor and felony crimes lead to a probationary sentence, which is a privilege that is not given to all convicted offenders. Many times judges will opt to have offenders serve out probation that serve another year in jail or prison, as long as the individual abides by the rules. If you have been accused of violating your probation, you will be required to attend a probation revocation hearing. In order to win over the judge at your hearing, you will need the assistance of an Orange County criminal defense attorney from our firm.
How Probation Works
In the state of California, defendants who are convicted of violent crimes such as rape, burglary,
murder, will not be eligible to be placed on probation. When someone is permitted to serve misdemeanor probation, then they are not required to meet with a probation officer. Rather, you could be asked to have periodic progress reports where you appear in court to check in. In the majority of misdemeanor cases, probation lasts anywhere from 1-3 year, five years in more severe cases. Every criminal case is different because the power to impose probation terms and conditions is left up to the discretion of the judge. In a misdemeanor case, you could be held to any one of the following requirements:
- Pay a mandatory fine
- Abide by a restraining order
- Refrain from using drugs or drinking alcohol
- Possible drug treatment classes
- Install an ignition interlock system in your vehicle (if your offense was DUI related)
- Must allow the police to search your home or person at any time
- Attend mandatory therapy
- Perform a certain amount of community service hours
- Abide by all other standard state or federal laws
With felony probation cases, you are automatically sent to state prison if you are convicted of a probation violation. The unfortunate part is that the judge could decide to send you back for the maximum term. Progress reports are also considered mandatory when it comes to felony cases.
Looking for a lawyer for probation violations in Orange County? If you are pronounced guilty at your probation violation hearing, then the judge can decide on the particular punishment. All probation violations are punished harshly due to existing criminal history. When deciding your punishment, the judge will consider your criminal history, the severity of the violation and how long your probationary sentence was.
Examples of a Probation Violation
When you are released or allowed to serve out your sentence on probation, you must work diligently to abide by all the terms and conditions that the judge has set forth. Our firm has handled countless probation violation cases and these cases are commonly brought forth due to one of the following:
- They failed to pay the mandatory fine or court ordered restitution
- They failed to appear on the day of their scheduled court date
- They failed to abide by the terms of a court order
- They failed to report to their probation officer on a regular basis
- They failed or refused to take the required drug test
- They committed a new and subsequent crime
Criminal Defense Lawyer Serving Irvine, Westminster & Costa Mesa
Need a lawyer for a probation violation case in Orange County? Here at the Law Office of Frances Prizzia, we defend against austere crimes on a daily basis. This is all we do and we are dedicated to protecting the rights of the accused in Southern California. If you or someone you know is facing probation violation charges, then your freedom is once again at risk and you could end up spending the remainder of your sentence in a county jail or a state prison. Our firm has a record of success with past clients and we will do all we can to help you obtain a positive outcome in your case. It is vital that you have an assertive criminal defense lawyer to protect you against the prosecution at the probation violation hearing. So consult with an attorney as soon as possible.