How Can I Avoid Getting My Probation Revoked in California?
Our Los Angeles criminal defense attorneys at Kosnett Law Firm represent clients throughout California and pride ourselves in being more than just their lawyers. We partner with our clients, so they understand their complete legal rights and options while we build their unique defense strategies and provide the information and resources they need to make informed decisions about their futures.
That includes understanding the terms of their probation conditions — when applicable to their cases — so they can fulfill their legal obligations without having the agreement revoked.
What Happens When Someone’s Probation is Revoked in California?
A probation revocation occurs when an individual violates a term or condition of their probation agreement, which can lead to him or her serving the balance of the originally imposed jail sentence issued by the judge at their previous sentencing hearing.
Simply put, if a California judge decides to revoke someone’s probation, that person may be sent to jail.
What Types of Probation Violations Can Lead to Revocation in California?
Our Los Angeles County criminal defense attorneys provide our clients with a clear outline of their probation requirements, so they can stay on the right side of the law while their legal obligations are fulfilled and do not risk serving jail time.
Typically, only substantive violations lead to probation revocations in California, although technical violations — like being late for or not appearing at scheduled meetings — could too but are less likely to do so.
Since probation is a form of supervised release, there are typically multiple terms and conditions of that release stated to last over a period decided by the courts.
For example, if you were spared jail time and instead ordered to comply with three years of probation, you must meet the conditions outlined in that agreement for the complete 36 months.
While probation terms and conditions are unique to each criminal case, common factors may include:
- Not committing another crime during the probation period
- Regularly meeting with a probation officer during scheduled dates and times
- Paying all court costs and probation fees
- Maintaining stable employment or academic enrollment
- Performing community service
- Submitting to drug testing
- Paying victim restitution, when applicable
- Abiding by a restraining order, when applicable
- Participating in counseling or anger management, when applicable
- Completing an alcohol or drug abuse program, when applicable
If you have violated the terms and conditions of your probation, contact our skilled criminal attorneys in Los Angeles today to learn how we can help you build a strategic defense for any new charges that led to the violation or to help keep you from facing jail time during the probation revocation hearing.
What Happens During a Probation Revocation Hearing in California?
During a probation revocation hearing, the judge will decide how to penalize the probation violation.
That may include:
- Reinstating probation under the current terms
- Modifying probation conditions with stricter terms
- Revoking probation altogether, and sentencing the violator to jail
If you are scheduled to appear at a probation violation hearing — which is typically triggered by an arrest under recent charges or by a petition from the probation officer who is aware of a violation — the judge will hear evidence from the prosecutor’s office that the defendant violated his or her probation.
The evidence to prove there was a violation is much more relaxed than those required during criminal trial cases, which is why it is so important to have a Los Angeles criminal defense attorney by your side, so we can provide a compelling argument that will sway the judge’s decision to enforce a violation.
If you are facing a probation violation in California, contact our skilled Los Angeles criminal defense attorneys at the Kosnett Law Firm today by calling (310) 445-5900 or by contacting us online to review your unique circumstances and provide straightforward legal options on how we can help.