Criminal Defense Attorney
What happens when you violate your probation? The answer will vary based on state and federal law. You are in violation of your probation if you disregard or refuse to abide by the conditions or rules of your probation at any period during the time you are on probation. The duration of your probation will depend on the crime you were convicted of and generally lasts one to three years.
Incidents that would constitute a violation of your probation might be:
- Failing to show up in court for an appearance at a scheduled time and date
- Seeing people or going places without first getting the approval from your probation officer
- Failing to report to your probation officer when you are scheduled to do so
- Failing to pay court-ordered fines and/or restitution to victims
- Using, selling, or possessing illegal drugs
- Carrying out another crime
- Getting in trouble with law enforcement regardless of the fact that it was or was not criminal conduct
What Happens if You Violate Your Probation?
The consequences of violating your parole will be up to your parole officer. They will likely look at the circumstances surrounding the violation and determine the next steps. You could be issued a warning, or you may have to appear at a hearing for violation of probation. If this is your first violation, you may just receive a warning. However, if you have violated your probation in the past, there could be a penalty involved, which could include spending some time in jail.
What Happens at the Probation Hearing?
The judge will listen to your case and decide if you were in violation of the terms of your probation. There will be a prosecuting attorney present and they will have to show that the violation occurred, using the standard of ‘preponderance of the evidence’, meaning there is a fifty percent or more chance that you violated your probation. The judge will view the circumstances around the violation, just as your probation officer did, and make a decision as to the type of penalty to hand down.
What Happens after the Hearing?
If the judge determines you are guilty of violating your probation, he will dispense sentencing following the hearing. You may have your probation extended for an additional amount of time, there may be stricter probation terms, you may have to spend time in jail. If the court feels determines that your violation was serious, the judge may take away your probation and you will have to spend the rest of the time left of your original sentence in prison.
Your Rights During the Hearing
Your attorney can advise you of the rights you have at a probation hearing. A criminal defense attorney will inform you that:
- You should have received written notice of the probation violations you committed
- You have a right to be represented by an attorney
- Your case should be heard in court by a judge who is neutral to your case
- You can provide witnesses and evidence that validate your case
The first thing you should do if you find yourself being charged with probation violation is to contact a criminal defense attorney San Francisco, CA trusts and have them explain your rights.
Thanks to the Morales Law Firm for their insight into criminal defense and probation violations.
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Posted onTrustindex verifies that the original source of the review is Google. I was facing a charge of Reckless Driving for speeding on I66 at midnight. This is considered a Class 1 Misdemeanor in the state of Virginia. Having something like Reckless Driving on your record is on par with having a DUI. This charge also carries a chance for jail time (up to a year). I was incredibly scared because I had never faced such a charge. And looking into Virginia Law, my speed exceeded 90mph, which is quite serious. I retained Dave Albo to help me with this case. Since my record was clean, Dave had advised I do the following before my trial. * Take a DMV Driver's Improvement Course * Take a Behavior Modification Course * Do 100 hours of community service * Print my DMV Record one week before the trial On the day of my trial, Dave got my Reckless Driving charge REDUCED to a regular Speeding charge. This was the absolute best case scenario for me. No criminal record. No jail time. No suspension of license. I did receive 6 demerit points and had to pay a fine of $250 (plus court fees). But that's a slap on the wrist, compared to what I could have been facing. Thank you Dave Albo for helping me through this ordeal!Posted onTrustindex verifies that the original source of the review is Google. Dave albo it's a fantastic lawyer. He has helped me twice now with great results both times with minor traffic tickets. I would recommend him to anybody including my family. He has great ethics and honesty which is what I look for in a lawyer .Posted onTrustindex verifies that the original source of the review is Google. Dave was my attorney recently for a car accident where I needed someone to represent me in court. After exchanging all necessary information he reassured me when the court date came that there wouldn’t be anything to worry about. On the day of court a couple problems arose and Dave was able to rectify them quickly, told me everything I need to say if needed and when it was all over he got my violation reduced significantly. I hope to never go to court again but if I do I will being calling Dave again.Posted onTrustindex verifies that the original source of the review is Google. Retaining the services of Mr. Albo for traffic court was probably the best decision I made. He is very responsive to emails, knowledgeable, and punctual. He provided excellent advice that eased the panic of having to go to the court house and stand before a judge. I am very happy with the outcome of my visit to traffic court and highly recommend Dave Albo.Posted onTrustindex verifies that the original source of the review is Google. Mr Albo was very professional and I was pleased with the outcome.Posted onTrustindex verifies that the original source of the review is Google. David was incredible to work with from clear communication and next steps. To showing up to traffic court early to walk over all steps, making case in court as experienced/intelligent/well spoken lawyer. Lastly, he even followed after case in writing to confirm the outcome outlining everything that happened in lamen terms (in my case the best outcome we could ask for). I’m so appreciative to David.Posted onTrustindex verifies that the original source of the review is Google. Absolutely top notch representation. Can't thank Dave enough for his knowledge and expertise.Posted onTrustindex verifies that the original source of the review is Google. Thanks to Dave Albo for a fantastic job representing me and ensuring the best possible outcome for my case. I highly recommend him - you will be in good hands for sure. From start to finish he provided expert counsel and kept me well informed. He simply could not have done a better job.Posted onTrustindex verifies that the original source of the review is Google. I am THRILLED with the outcome of my case, all thanks to Attorney Albo's superb expertise, excellent advice & sharp negotiating skills! I am extremely relieved and grateful; I highly recommend retaining his services. Well beyond worth it!!Posted onTrustindex verifies that the original source of the review is Google. Dave did a great job representing me for my traffic court infraction! I wanted the best and his name came up as I searched for an attorney. Highly recommend him on all levels including a successful outcome to my case.
