Los Angeles Probation Violation Attorney
Over the past 25 years, I have represented my clients in hundreds of probation violation situations in all LA County courthouses. My experience in this area of law makes me one of the best probation violation lawyers.
There are many different scenarios in which a violation can manifest itself, and a seasoned attorney will know which strategy to employ based on the circumstances of the offense. California Penal Code Section 1203 defines probation as a type of supervisory sentence a judge can impose either in addition to or in addition to incarceration in a county jail or California state prison.
Sometimes, a person has an internal violation, where they violated one of the terms and conditions. For example, if they were ordered to do ten days of cal trans by a specific date and they failed to finish on time, this would technically be an internal violation that could subject them to the highest sentence available to the judge based on what they pled guilty or no contest to.
On the other hand, if someone on probation were to pick up a new offense while on probation, this would be considered an external violation of probation and would again subject them to the highest term available to the judge based on their plea.
The simple answer to what you can do if you have a probation violation pending is to consult and hire a Los Angeles criminal defense attorney who is local to the court where your case is pending and has the experience and reputation with the judge and prosecutor to get you the best possible result.
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, prosecutors, and probation departments, so I know how to handle these cases. The crucial thing for you is to get an attorney familiar with all of the judges and prosecutors in Van Nuys probation violation cases.
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, 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 violating your probation. You, of course, are entitled to have a hearing to determine whether or not you did break 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 explains to the judge why you violated your probation. It's not going to happen again, so get a good, solid plan moving forward to avoid jail time, 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 issue, and then they will deal with the probation violation case.
Call our office to speak with an attorney. As a qualified and experienced lawyer in this field of law, I am aware of the ins and outs of probation violation cases, and I understand how a probation violation hearing is conducted.
How a Probation Violation Hearing is Conducted
To find someone guilty of a probation violation, a hearing is held in front of the judge, who sentences the defendant and puts them on probation. Witnesses are called and can testify to what the probationer did or did not do without violating their probation. Establishing the violation is often as simple as calling the person's probation officer to the stand.
The violation must be proven by at least 51%, and the judge, not a jury, gets to decide. As indicated above, the offense can be based on a host of different actions or inactions by the defendant. It can be because the person failed to report to the probation department as directed or failed to obey the law. When defending a violation of probation, you want an attorney who can speak the judge's language and knows what to say to get you another chance or at least a slap on the wrist versus a prison sentence.
When I meet with clients regarding probation violation hearings, we discuss all probabilities. We decide on a strategy with the judge that makes sense for their circumstances and is likely to get them the best result. As a criminal lawyer, I have represented clients in numerous cases and obtained favorable outcomes for them.
Standard To Prove A Probation Violation
The standard for a probation violation is 51%, and the person who decides whether you violated your probation by at least 51% will be the judge who sentences you. If that judge is gone, they will 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 violated probation and bury their heads 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 issue if it's warranted and cover the probation violation, so you don't get any extra time for that probation violation.
Suppose there will be a probation violation hearing in the court. In that case, we'll present evidence that you either didn't violate your probation or 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 your life in a positive direction. So, if you have a Van Nuys probation violation case, it's not the world's end. Come in. We'll sit down.
Los Angeles Criminal Lawyer
If you or a loved one has violated probation….you better find an attorney who knows and understands the courthouse and judge you are dealing with. I encourage you to call us and set up a free face-to-face consultation with our criminal attorneys. We will design a plan to keep you out of jail. If you violate your probation, a judge will decide your punishment.
Probation is your opportunity to show the court and the prosecutor that you can abide by the rules and not get in trouble again. If you break the law, then you violate your probation. If you do not do what you were ordered to do by the court at your sentencing, this will be considered a probation violation, and you will subject yourself to jail or even prison.
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 reduce your case to a misdemeanor and dismiss it. These are all things that can be done, but we need to sit down in the privacy of my office. We'll devise a game plan to deal with your probation violation in Van Nuys as swiftly as possible.
There are numerous ways to convince the court that you do not deserve jail when violating probation. The key is to find an attorney who knows how to deal with probation violations in a specific courthouse. That is where we come in. Call us at (213) 542-0940 to speak with our criminal lawyers in San Fernando Valley, and we will meet with you free of charge to discuss a resolution to your particular problem.
Probation Violation Hearing In the Courts
When a person fails to adhere to their probation conditions, they can be charged with probation violation. Once charged, they may be arrested or ordered to court for a probation violation hearing. During the hearing, the judge will listen to arguments from the prosecutor, who must prove that a violation occurred.
If the person is found to violate probation, they may be subject to enhanced legal penalties, such as being sent to jail. Violations can lead to jail sentences, lengthier probation periods, revoked probation, community service, fines, or other court-ordered counseling. Our criminal defense lawyers have provided services in LA County, Encino, CA, Burbank, CA, Van Nuys, CA, and San Fernando, CA. Give us a call today to connect with our criminal defense law firm.
Call our Law Firm for Help
Due to the legal penalties involved, it is always advisable that any person charged with a probation violation speak with a reputable criminal defense attorney. A criminal defense attorney can represent the person during their Probation Violation Hearing and, in some cases, negotiate with prosecutors to have probation violation charges dropped.
The Hedding Law Firm has represented a variety of clients who have been charged with probation violations. We know that the key to successfully fighting your probation violation charges is an aggressive defense. If you have been accused of a probation violation, call us at (213) 542-0940 to speak with one of our knowledgeable attorneys! Our lawyers will go over your case in detail with you and make sure you get the most favorable outcome for your case.
Our California criminal defense attorneys focus primarily on defending clients in courts and cities throughout the Los Angeles and San Fernando Valley, including San Fernando, Glendale, Burbank, Hidden Hills, Calabasas, Sylmar, Van Nuys, Woodland Hills, Mission Hills, Sherman Oaks, Granada Hills, Reseda, Canoga Park, West Hills, Winnetka, Pacoima, Chatsworth, and North Hollywood, CA.
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