Glendale Probation Violation Defense Attorneys Serving Los Angeles County
California courts have the authority to place defendants on probation instead of jail or prison, or upon successful completion of a term of incarceration. Probation comes with conditions, though. Violating those conditions–by committing another crime, failing to report to meetings with the probation officer, or other conduct–can lead to a host of consequences including revocation of probation and additional jail or prison time.
If you’ve been arrested or charged with violating your probation in Los Angeles, you need a zealous California probation violation defense lawyer in your corner as soon as possible. Talk to the seasoned criminal defense lawyers at McReynolds Vardanyan to discuss your options and start building a strong defense today. Do not let a probation violation derail your life.
What Constitutes a Probation Violation?
California law requires convicted defendants to comply with all terms of probation as dictated by the court. The police may arrest any defendant suspected of committing a new offense while on probation or violating any term or condition of probation.
Committing a criminal offense while on probation is far from the only thing that can result in a defendant being prosecuted for probation violation. Courts can impose any number of conditions on a defendant’s probation, often tailored to the specific crime alleged. Probation conditions may include, for example:
- Restrictions on driving, such as requiring the use of an ignition interlock device
- Restitution (payment) to any victims
- Participation in counseling, therapy, or treatment programs
- Regular reporting to a probation officer
- Drug or alcohol testing
- Community service
- Seeking gainful employment
- Restraining orders
- Submission to random or periodic searches by the police
Penalties for Violating Probation
Defendants who violate their probation without sufficient justification are subject to a number of penalties. Pursuant to the California Penal Code, defendants on probation who violate the conditions can face:
- Arrest for commission of a new offense
- Arrest for violation of probation
- Lengthening probation term
- Counseling for drug abuse, anger management, or other issues as appropriate
- Imposition of more severe and restrictive conditions of probation
- Termination of probation and imposition of original sentence, including suspended jail or prison time
- Imposition of the maximum sentence allowed by law, even if that penalty is greater than the term of probation
The penalties for violation of probation will be determined at a probation hearing. The court has significant discretion in determining how a probation violator should be punished. The court will consider several factors including:
- The seriousness of the violation
- The seriousness of the underlying offense
- The defendant’s criminal history
- The defendant’s history of prior probation violations
- Recommendations made by the probation department
With a strong legal defense, a probation violation need not result in revocation of probation or imposition of more serious penalties. Courts can be made to understand that everyone makes mistakes, and a single mistake need not undo a probationer’s good behavior up to that point.
Defending Against Charges of Probation Violation
A probation hearing is not the same as a criminal trial. The process will be overseen and decided upon by a judge, rather than a jury, and the violation need only be proven by a preponderance of the evidence, a lower standard than “beyond a reasonable doubt” as necessary for a criminal conviction. Defendants do enjoy many of the same rights at a probation hearing as at a trial, however, including the right to counsel, the right to call witnesses, the right to present mitigating evidence and examine any evidence used against the defendant, and the right of the defendant to testify on their own behalf.
If you’ve been arrested for violating your probation, a seasoned criminal defense lawyer can provide a strong defense for you at your hearing. Your violation may have been a minor one-off incident, evidence of another underlying issue that merits treatment rather than incarceration (such as a drug or alcohol habit), or even the result of a simple mistake. Discuss the matter with your probation violation defense lawyer so that they can build the strongest case to avoid the potential consequences.
Compassionate and Dedicated California Probation Violation Lawyers
If you have been arrested for violation of your probation or other serious crimes in Los Angeles or anywhere in Southern California, our experienced and effective probation violation defense lawyers are ready to protect your rights. Call the criminal defense legal team at McReynolds Vardanyan to start building your case today. We fight for your rights and your freedom.