Probation Violation

A probation violation occurs when an individual fails to comply with the terms and conditions set by the court as part of their probation sentence. Violating probation can lead to severe consequences, including extended probation, additional penalties, or being sentenced to jail or state prison.

A probation violation refers to an act of non-compliance with court-ordered terms. Oftentimes, the violation is a result of failing to comply with terms of probation, commonly referred to as an “internal violation.” However, other times, the violation is a result of a new arrest and/or a new criminal case being filed, referred to as an “external violation.” And in some cases, there are both.

Once a judge preliminarily determines that a violation has occurred, probation is revoked, which typically puts the probationary period on a “pause.” The judge will then determine whether a probation violation hearing is necessary to determine whether to reinstate probation, formally find a probation violation, or in the worst cases to terminate probation. If a judge finds a violation of probation, the judge has the choice of modifying the terms of probation, which can include incarceration among other terms.

One of the most common probation violations occurs when an individual fails to report to their assigned probation officer at scheduled intervals. Regular check-ins are a key requirement for formal probation, and missing even a single appointment can lead to serious legal repercussions.

If a probationer is arrested or charged with a new criminal offense, it can be considered a violation of their probation terms. Even minor infractions can trigger a probation revocation hearing, where the court may impose additional penalties or revoke probation altogether.

Probation conditions often include mandatory drug and alcohol testing. A failed test can be grounds for a probation violation and may lead to stricter conditions, extended probation, or jail time.

Courts may require individuals on probation to complete common obligations such as: anger management courses, drug rehabilitation programs, DUI school, or community labor, among other terms. Failure to complete these programs within the assigned timeframe can result in a probation violation charge.

Individuals on formal probation may need prior approval from their probation officer before leaving the state or even the county. Traveling without permission can result in immediate arrest and a probation violation hearing.

If found guilty of a probation violation, the court may choose to increase the length of probation or impose additional conditions, such as higher fines, increased supervision, or mandatory counseling sessions.

In more severe cases, a probation violation can lead to revocation, or the individual will have to serve a period of time in the county jail as punishment for violating the term(s) of probation.

In the most severe cases, if the original sentence was a grant of probation with a sentence to state prison suspended, commonly referred to a “joint suspension,” then the court will execute the sentence and send the probationer to state prison for the original sentence.

A probation violation on record can negatively impact future legal proceedings. If an individual faces new criminal charges, having a previous probation violation can lead to harsher penalties, increased bail amounts, or denial of alternative sentencing options.

To be convicted of a probation violation, the prosecution must prove that the violation was intentional. If the defendant can demonstrate that the violation occurred due to circumstances beyond their control, such as a medical emergency or unforeseen event, it may serve as a valid defense.

Law enforcement or probation officers may mistakenly accuse someone of violating their probation. Providing evidence, witness statements, or alibi records can help dispute false allegations.

A probation violation must be proven by a preponderance of the evidence rather than beyond a reasonable doubt. If the prosecution lacks substantial proof, the case may be dismissed.

Errors in legal paperwork, notification of hearings, or improper procedures by law enforcement can be used as a defense to challenge the validity of a probation violation claim.

If you have been accused of violating probation, it is crucial to seek legal counsel from an experienced Los Angeles criminal defense lawyer who can assess your case and strategize a defense.

Collecting documents, witness statements, and other supporting evidence can help dispute allegations of a probation violation.

A probation violation hearing determines whether you violated your probation terms and what consequences you may face. Having a strong defense is crucial to obtaining a favorable outcome. It should also be noted that the amount of proof that must be found to find you in violation of probation is a much lower standard than the legal standard required to find you guilty at a trial.

At DCD LAW, we specialize in defending clients facing probation violation charges. Our team understands the legal intricacies of probation violation hearings and modifications, and we work diligently to protect our clients’ rights.

Our legal team employs effective defense strategies, including:

1. Investigating the basis for the probation violation and disproving it.

2. Negotiating with prosecutors to reinstate probation rather than revoke it.

3. Presenting mitigating evidence to reduce penalties.

4. Challenging the validity of the probation violation claims.

Choose DCD LAW for your probation violation defense and rely on our experienced team to craft a strong, personalized strategy. We thoroughly understand the legal nuances of probation violations and work relentlessly to protect your future. With a focus on minimizing penalties and avoiding further complications, we’ll fight for the best possible resolution.

Trust DCD LAW to provide skilled, compassionate representation every step of the way.