California Probation Violation Attorney
Whenever a person has been convicted of a crime, they may be placed on probation, which is basically a promise to the court that they will comply with their punishment and not break the law. If a person does not do something required by the court or commits a new crime, then that person has violated their probation.
When a probation violation occurs, the court will issue a warrant for the defendant’s arrest. The court will not sending a warning letter first. That means a defendant can be arrested at any time and at any place, including their place of work. It is important to hire an attorney to get the warrant recalled before the defendant is arrested.
Probation violations can be violating any part of the court’s sentence, but commonly include:
* Not paying fines on time
* Not enrolling in a class on time
* Not completing a class, community service, Caltrans or some other requirement on time
* Being kicked out of a class or Caltrans
* Not obeying a restraining order
* Having .01% BAC while driving (if defendant is on DUI probation)
* Committing a new crime
Probation Violation Procedure
When a defendant is accused of a probation violation, they have the right to know what specifically they are being accused of and they have the right to a hearing in front of a judge. Probation violation hearings, though, are not like criminal trials. There is no jury and the judge only needs to find that you violated probation by a preponderance of the evidence. If your probation violation is a new crime, and you are fighting the new charge, then the judge might have your probation violating hearing at the same time as your jury trial, but at the end of the case, the jury will only get to decide what happens on the new charge. The judge will make the decision as to what happens on your probation violation.
Probation Violation Punishment
The penalty for a probation violation depends on several factors including what the underlying charge was and what type of probation violation occurred. Sentencing for a probation violation can include community service, Caltrans or jail time. A judge might not impose any punishment at all. Having an attorney that can present your case well will greatly affect what penalty you receive on a probation violation.
The Right Lawyer
Choosing the right criminal defense lawyer will be the most important decision someone can make when facing a probation violation. Many people who face probation violations are good people who made a mistake or exercised poor judgment. There are also some people who have been wrongfully accused of a probation violation, based on a misunderstanding or false evidence. You need an attorney who will listen to your side of the story carefully, who will evaluate the evidence thoroughly, who will negotiate with the judge and the District Attorney’s office skillfully, and who will fight in trial aggressively. You need the Law Offices of Fred Thiagarajah.
As a former Deputy District Attorney, Fred Thiagarajah, and his team have the negotiating skills and trial experience necessary to get the best results for their clients, for criminal cases and immigration consequences. Fred Thiagarajah’s team have helped clients with probation violations in the past. For an example of their work, please see their case results and read their client testimonials. With offices in Newport Beach, Long Beach, Rancho Cucamonga, Murrieta and Riverside, Fred Thiagarajah has criminal defense experience in Orange County, Los Angeles County, San Bernardino County and Riverside County.
Fred Thiagarajah – The Right Lawyer. The Right Result.
Make The Right Choice.
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