Violating the Terms and Conditions of Probation
For twenty-five years now, I've handled probation violation cases in all Los Angeles County courts, including the Van Nuys Superior Court. I've dealt with the judges, the prosecutors, and the probation departments, so I know how to deal with these cases. The crucial thing for you is to get an attorney familiar with all of the judges and prosecutors in these probation violation cases in Van Nuys.
Probation violations can originate from several different things. You can violate the terms and conditions of your probation that the judge set. If you broke the terms and conditions of your probation, that means you violated something the judge either told you to do or told you not to do.
In that case, they'll find you in violation of probation, and the judge will punish you for the violation of your probation. You, of course, are entitled to have a hearing to determine whether or not you did violate one of the terms and conditions of your probation – maybe you misunderstood and didn't do it on purpose. Maybe there was a necessity – you had to violate that term and condition, or perhaps you just had a good excuse.
That's where your criminal defense attorney comes in to explain to the judge why you violated your probation. It's not going to happen again, and get a good solid plan moving forward so you can avoid jail time and move on with your probation, get it done and get out of the Los Angeles County court system.
Another big area where I see people violating their probation is picking up a new case. That would violate your probation. Every single probation has the term “obey all laws.” So, if you break the law and are charged with a new case, you violate your probation. They will typically wait and see what will happen with the latest case, and then they will deal with the probation violation case.
Standard To Prove A Probation Violation
The standard for the probation violation is 51%, and the person who decides whether you violated your probation by at least 51% will be the judge who sentenced you. If that judge is gone, they're going to send the case to another judge to deal with it. So, in these probation violation cases, many people end up having a warrant in the system, and they know they violate probation and bury their head in the sand and do nothing until they get caught, and then they get it.
The best call is to get a great criminal defense attorney – someone like me who has been doing this for twenty-five and knows the court system and how to deal with a probation violation. We'll go in there and talk to the judge.
We'll develop a solution for exactly what we can do to avoid a jail or prison sentence. If you have a probation violation and then a new case, we'll resolve the latest case if it's warranted and cover the probation violation, so you don't get any extra time for that probation violation.
Suppose it's a situation where there will be a probation violation hearing in the court. In that case, we'll bring forth the evidence that shows that you either didn't violate your probation or that you violated it, but it's a minor violation. You didn't do it intentionally, and you have an excuse or a reason you didn't follow one of the terms and conditions of your probation. We can explain it to the judge, arguing for the judge to give you another chance.
Or we can show the judge you did not violate your probation, and the judge should find that it is not a violation and let you move forward with your life in a positive direction. So, if you have a Van Nuys probation violation case, it's not the end of the world. Come in. We'll sit down.
Case Review With a Criminal Lawyer
We'll go over all the facts and details of your case – your probation, life, job, and family. We'll come up with a solution that makes sense for you so that we can get your case resolved, get you out of the court system as soon as possible, and get you moving on with your life so you don't have to be on probation anymore with the judge so that we can get your probation terminated.
If that makes sense, we can get your case reduced to a misdemeanor and get your case dismissed. So, these are all things that can be done, but we need to sit down in the privacy of my office. We'll figure out a game plan to get your probation violation in Van Nuys dealt with as swiftly as possible.