Violating your probation is a separate criminal offense in California.
In California, probation is often offered as an alternative to jail time. Many people view it as a more lenient form of punishment because you don’t have to spend time in county jail. Yet in many ways, conditions of probation can be incredibly restrictive — and if you violate the terms and conditions of your probation, you will not only be subject to the entire term of your original sentence, but will be facing an additional California criminal charge.
As an experienced Riverside criminal defense attorney can explain, if you have been convicted of a crime or have accepted a plea deal for a misdemeanor crime in California, you may have been sentenced to probation as part of your sentence. Each probation sentence is unique, and takes into consideration the facts of the crime as well as the criminal history of the individual. For example, if you have been convicted of driving under the influence, you will likely be ordered to abstain from alcohol consumption for a period of time as a condition of your probation. If you were convicted of a crime of domestic violence, a term of your probation may be to stay away from the person that you abused.
While probation is often preferable to jail, and in some cases (such as in misdemeanor DUIs) may allow a person to apply for expungement, it does require that a person comply with the terms and conditions imposed by the judge. Probation can either be formal or informal, with formal probation involving supervision by a probation officer. If you violate your probation, such as by failing to attend a mandatory meeting, you will be charged with a California criminal offense for violating the conditions of your probation. While it can be difficult to fight these charges, with the help of a seasoned Riverside criminal defense attorney, you may be able to successfully contest this offense.
While the terms of your probation are spelled out in black and white, the question of whether you violated your probation is not often as easy to determine. For example, if you missed a meeting with your probation officer because you had a medical emergency and had to go to the hospital, your Riverside criminal defense attorney may be able to argue that this was not a clear violation of your probation order. Similarly, if a third party fails to verify that you completed the required community service hours, this could be an explanation of why you failed to meet that condition. These justifications may not excuse your actions, but an experienced Riverside criminal defense attorney can use these facts to make an argument to a judge as to why you should not be charged with a new offense for a probation violation.
If you knowingly violated your probation, or if you committed a clear violation of your probation (such as by committing a new crime), it is still a good idea to talk to an experienced Riverside criminal defense attorney. While it may be more challenging, your lawyer can talk to the prosecutor and judge and attempt to negotiate another opportunity for you to comply with your probation, or a reduction in the sentence that you will receive. Hiring an attorney shows that you take the probation violation seriously — and that you are committed to doing the right thing.
If you are currently facing a probation violation charge, the Chambers Law Firm can help. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
