What Penalties Will You Face for a First-Time Probation Violation?

The consequences range from community service to probation being revoked entirely.

What Penalties Will You Face for a First-Time Probation Violation?

If you have been convicted of a crime, you may be eligible for an alternative to jail time: probation. This option is often available for people who have committed relatively minor offenses, known as misdemeanors. Probation is a favorable resolution to a criminal case, as it generally allows a person to continue to work and live a regular life, as opposed to going to jail. A skilled Orange County criminal defense attorney can often negotiate probation as opposed to a defendant serving time in jail.

However, a person serving probation is subject to strict conditions. While most California courts will impose standard probation terms, such as not committing any other crimes, there are often more specific terms that relate to the crime committed. For example, a person convicted of driving under the influence may be required to attend alcohol education classes as a condition of probation.

An experienced Orange County criminal defense attorney can help you understand the terms of your probation if you have received this sentence. A common question that arises for many people is what happens if they violate their parole. The answer will depend on a number of factors, such as the type of violation and the underlying crime. A judge will make this determination at a probation violation hearing, where you can choose to be represented by an Orange County criminal defense attorney. Even a first-time probation violation can have significant consequences — including revocation of probation.

A judge can impose any number of consequences for a probation violation. Having a seasoned Orange County criminal defense attorney to represent you can help you put forth a strong argument for a less serious penalty. These consequences may include:

  • Community service;
  • Counseling;
  • Substance abuse treatment, particularly if you have violated probation by having drugs or alcohol in your residence;
  • An extension of probation;
  • Adding conditions to your probation, such as avoiding drug and alcohol use, getting a job, or not owning a firearm; or
  • Revocation of probation.

Of these consequences, revocation of probation is the most serious, and is usually reserved for cases where a person has committed a significant violation, such as committing a new criminal offense. In these cases, a judge might impose the original sentence or even impose the maximum jail or prison term — even if the original sentence was lower than the maximum.

While it is possible to get a relatively light penalty for a probation violation, such as community service, it is far better to avoid violating your probation entirely. The possibility of having your probation revoked is always present any time that you violate your parole, which can potentially lead to an even longer jail sentence than you initially faced.

At the Chambers Law Firm, we represent people who have been charged with California crimes throughout every stage of the criminal justice process, including at probation violation proceedings. We are knowledgeable about California criminal law and process, and aggressively represent our clients interests to get the best possible outcome. Contact our firm today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.

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