Criminal penalties can be harsh, but not luckily, not everyone who is convicted of a crime is sent to jail or ordered to pay steep fines. Sometimes, even those convicted of a crime are given a second chance to go on about their daily lives.
But, probation is not a get out of jail free card. There are still rules to follow, and if they aren’t, it could mean serving your sentence in jail.
Violating probation is a crime by itself, and the consequences can be serious. Unlike at a criminal hearing, the prosecutor isn’t required to prove beyond a reasonable doubt that you’re guilty. They only have to prove you are likely guilty by a “preponderance of evidence”. This greatly changes the odds and further stacks the deck against you.
If you’ve been accused of violating the terms of your probation or parole, you’ll need a Los Angeles probation violation attorney experienced in probation violation or parole violation cases on your side to increase the odds in your favor. Call Shield Criminal Defense Law at (213) 514-8732 for a free analysis of your case.
What constitutes a parole or probation violation?
A variety of things can result in a probation violation, but the most common violations happen when you don’t follow the probation rules or conditions given by the court, such as:
- Not completing community service
- Not attending or completing drug, alcohol, parenting or other court-ordered counseling
- Not paying fines or restitution, on time and in full
- Failure to submit to drug testing
- Missing court scheduled hearings
- Failure to report to your probation officer
- Not adhering to no contact orders
- Associating with known criminals or gang members
- Leaving the state, or traveling somewhere other than work or home, as ordered by the Judge
- Being arrested on a new criminal charge
Call our Los Angeles Probation and Parole Violation Attorney about your Case
What kind of consequences are there for violating my probation or parole?
In most cases, your probation officer will have reason to believe you’ve violated the terms of your probation. They may give you a warning, or if the suspected violation is severe, they will refer your violation to the court for further action.
You will then be scheduled for a probation violation hearing. At these hearings there is no jury, only you, your Los Angeles probation violation lawyer, your probation officer and the judge.
Your parole violation attorney presents your defense to the court, often in front of the same judge that originally ordered your probation. At that point the judge reviews the evidence and makes a determination. The judge may:
- Find that there was no violation
- Find that you did indeed violate, but reinstate your probation for the original terms
- Find that you violated your probation or parole, and revoke, or “take away” your probation in exchange for a harsher penalty.
If the court finds you guilty of a parole or probation violation, they will likely subject you to harsher penalties, such as:
- Added time or requirements to your original probation, such as increasing the term from one to two years
- Lose the eligibility to seek expungement of your original offense
- Order you to spend time in jail and then resume probation
- Order you to pay fines and restitution
- Revoke your probation and send you to jail
Whether you violated the terms of your probation by failing to complete your court-ordered obligations or by being arrested on a new charge, it is vital that you hire the right Los Angeles parole violation attorney to represent you at your violation hearing. Shield Criminal Defense Law will fight the allegations of your probation violation, and work to get your original terms reinstated. Call us today for a free consultation at (213) 514-8732