Are you or is your loved one on probation? You are required to fully comply with the terms. Otherwise, you could face serious criminal penalties, including imprisonment. In California, there are two types of probation violations:
- New law violations; and
- Technical violations.
You have the right to defend yourself against allegations of a probation violation, whether a new law or a technical violation. Our Los Angeles criminal defense lawyer can help if you are facing probation violation charges in California.
Know the Law: Probation Violations are Governed by California Penal Code § 1203.2
Probation violation cases are generally handled under state law. Notably, California courts have broad authority to respond to alleged probation violations under California Penal Code § 1203.2. If a probation officer, parole officer, or peace officer has probable cause to believe a person violated a condition of supervision, the person may be rearrested, brought before the court, or ordered to appear through a warrant or revocation petition. The court can also revoke, modify, or terminate probation depending on the facts and the defendant’s record.
To be clear, a probation violation does not automatically mean jail or prison. The judge must decide whether a violation occurred and what consequence is appropriate. The court may reinstate probation on the same terms, reinstate probation with modified conditions, impose custody time, or terminate probation and impose a previously suspended sentence. That range of options gives defense counsel room to argue for treatment, compliance monitoring, community service, counseling, restitution payment plans, or other noncustodial conditions.
New Law Violations are Often More Serious than Technical Violations
As noted, there are two broad categories of probation violation cases in California: 1) New law violations and 2) Technical violations. While the specific circumstances always matter, new law violations are generally more serious than technical violations.
A new law violation occurs when a person on probation is accused of committing a new, unrelated criminal offense. Still, even though the alleged offense may be charged separately (and they are presumed innocent until proven guilty), it can lead to an outright probation revocation in the original case. The legal standards are different. In the new criminal case, prosecutors must prove guilt beyond a reasonable doubt. In the probation violation proceeding, the burden is lower. A judge may find a violation based on evidence that would not necessarily support a conviction at trial.
Technical probation violations are in a different category. They involve alleged failures to comply with probation conditions, such as missing a meeting with probation, failing to complete a program, testing positive for drugs or alcohol, missing community service, failing to pay restitution, traveling without permission, or failing to obey a stay-away order. Still, technical violations can lead to a person ending up in custody. However, when compared to new law violations, they do often leave more room for corrective action.
You Deserve Must Focus on the Actual Terms of Probation and the Alleged Violation(s)
A probation violation defense should begin with the sentencing order and written probation conditions. Probation is not one-size-fits-all in Southern California. When a probation violation is alleged, the written terms of the probation matter. The government must prove a violation of an actual condition. Vague assumptions are not enough. For example, a missed class may not prove a willful violation if the defendant never received proper enrollment instructions. Notably, California probation terms can include:
- General conditions;
- Crime-specific conditions;
- Treatment obligations;
- Search terms;
- Stay-away orders;
- Firearm restrictions;
- Alcohol or drug testing;
- Restitution requirements;
- Employment requirements;
- Schooling requirements; and
- Reporting obligations.
Your defense to a probation violation will depend on what allegedly happened and, if applicable, your reasoning. In some cases, the defense can argue that the alleged conduct did not violate the written condition, that the condition was misunderstood, or that compliance was impossible. Willfulness often matters. In California, courts may respond differently when a defendant intentionally ignores probation compared with a defendant who misses a deadline because of hospitalization, homelessness, job conflict, transportation failure, or confusion about paperwork.
How a Lawyer Can Help: Challenging Evidence of a Probation Violation
A probationer has the right to contest the allegation. The revocation hearing may involve testimony from a probation officer, police officer, alleged victim, treatment provider, or other witness. The defense may present documents, witnesses, treatment records, employment records, proof of program enrollment, negative drug tests, GPS records, payment receipts, or other evidence that undercuts the alleged violation.
From there, your Los Angeles probation violation defense lawyer will be in the best possible position to negotiate before a hearing. In many cases, the best result comes from presenting proof of renewed compliance before the judge imposes a sanction. Enrollment in counseling, completion of missed classes, restitution payments, employment verification, clean testing, or voluntary treatment can give the court a reason to reinstate probation instead of ordering custody.
Avoiding Jail Often Requires a Concrete Alternative Plan (an Attorney Can Help)
Judges are more likely to avoid jail when the defense offers a practical plan, not just an apology. The plan should address the specific reason probation claims the violation occurred. As an example, imagine that the allegation of a violation of the terms of a person’s probation involves substance use. A proposed revised recovery plan may be the most effective defense strategy. When technical violations are alleged, the State of California often wants to see a plan of action to address the issue.
Facing a Probation Violation Allegation? You Need a Top Attorney
A probation violation is a serious matter in California. Whether it is a new law violation or a technical violation, you could potentially face jail time, including the immediate revocation of your probation. You have the right to defend yourself. At Grace Legal Group Inc, we are here to protect your rights and help you raise a strong defense. Your initial consultation with our Los Angeles probation violation lawyer is strictly confidential and without additional obligations.
Contact Our Los Angeles Probation Violation Defense Lawyer Today
At Grace Legal Group Inc, our Los Angeles criminal defense attorney has deep experience handling probation violation cases. If you have any questions or concerns about defending a probation violation, we can help. Contact us today to set up a completely confidential, no obligation initial case review. With an office in Los Angeles, we defend people facing allegations of probation violations throughout Southern California.