What Does The Prosecution Have To Prove To Revoke My Probation?
I see that people are given a list of things to do by the judge when they are put on probation. A lot of times, they don't do those things. They have more important things to do than, for example, community service. They have to do their job or take care of their family. It ends up being a disaster because they didn't do what they were supposed to, and they get jail time for it.
That would be what's referred to as an internal probation violation. They bring people back and forth to court to make sure that they're doing what they're supposed to do. Another area where I see people violating their probation is when they're told not to do something. If the judge tells you that you cannot consume alcohol while on probation, but you consume alcohol and get pulled over, even if your blood alcohol level is under the legal limit, you can be arrested for an internal probation violation.
It would be considered an external violation if you picked up a new case. That would violate the terms and conditions of your probation as well. Every probation has attached a determined need to obey all laws. If you break the law, it is a probation violation. I've even seen what's called an instead of probation violation, which means that instead of filing a criminal charge against you, they point to the probation violation.
Proving a probation violation only requires a preponderance of the evidence. Now that you violated your probation, you're subject to the maximum punishment for whatever it is that you pled guilty or no contest to.
If you're on felony probation and the probation department finds out that you did something to violate your probation, they will send you a notice or arrest you and bring you into court. The prosecutors have to prove by a preponderance, or 51%, of the evidence that you violated a term and condition of your probation.
Another possibility is you appear in court, and the judge has a progress report to see how you're doing. If the judge feels that you didn't do something that he ordered you to do, you could have a hearing. If you could prove that you did do it, you wouldn't have a probation violation. If the prosecutors can show that you violated your probation, you will have your probation revoked. Then, the judge can punish you based on that revocation.
The judge could sentence you up to the maximum or give you a warning. It's up to the judge for a probation violation, not the prosecutor. Prosecutors can undoubtedly argue for what they think should happen, but the judge has the final say on your punishment if they revoke your probation. In this article by our Los Angeles criminal defense lawyers, we will cover this topic below.
What Should I Expect After Being Charged With A Probation Violation?
Suppose you're charged with a probation violation. In that case, you will have to come in front of the judge, and the prosecutor and defense attorney will talk about what the offense purportedly is. If the prosecutor and defense attorney decide what they think is a fair resolution, they may discuss it with the judge, which will be what the answer is. Other times, it will just be up to the judge, and the judge will hear the evidence related to the probation violation at a hearing.
The probation officer will be brought into court to testify. The defense and the prosecutor will get a chance to ask questions. The judge will even get an opportunity to ask questions, and the defense can call in any witnesses they want, including the defendant.
The prosecutor can call any witnesses they want, and then the judge will make a final determination as to whether the person did violate their probation. If there's a probation violation found to be accurate, then the judge will punish the person up to the maximum of whatever it is the person pled guilty or no contest to.
Will I Be Arrested On The Spot For A Probation Violation?
If the probation department arrests you, you won't be able to get out. They will bring you into court, and then the judge will decide whether or not you should get out on bail pending some probation violation hearing. If the judge takes you into custody, the judge has the authority to make sure that you stay in custody while he decides what to do with you.
Often, the probation department will arrest the person or send a letter to the person and have them come in. The judge will usually order what's called a supplemental probation report, where they're asking the probation department to weigh in on whether they believe the person violated their probation and, if they did, what the punishment should be. If the person is in custody, it usually takes four or five weeks to get the person out of custody.
The defense can argue that the person should be let out on their own recognizance or bail. It will be up to the judge whether the person stays in custody or is out of custody while waiting for the supplemental probation report. A lot of the judges leave them in custody. When we get that probation report, we can often argue and get them out.
Other times, we can't. Sometimes, people will have a case where they pled guilty to a crime and got joint suspension, which means prison time is hanging over your head if you violate your probation. The judge typically will give you that prison time. It would be up to your attorney to try to argue for something less.
Do I Have The Right To An Attorney At My Revocation Hearing?
Anytime you're looking at incarceration, you have a right to have your attorney present. One thing you don't have the right to on a probation violation is a jury. You're on probation to the judge, and the judge will be the one who decides whether your probation is going to be revoked and whether you're going to be punished. The prosecutor has a responsibility to put on evidence, and the defense can undoubtedly challenge that evidence and argue that there's no probation violation.
Does The Prosecution Have A Role To Play?
When someone is challenging a probation violation, the probation officer will write a report for the court, laying out how the person is on probation, the person's terms and conditions of probation, what the violation is, and what the probation department thinks punishment should be. For a probation violation involving the probation department, they've got to bring the probation officer if the person challenges that violation.
The defense attorney would certainly have the ability to ask questions, as would the prosecutor. The prosecutor has the responsibility of putting on the evidence related to any probation violation.
You would have a probation violation hearing. The prosecutor would call witnesses. The defense could cross-examine those witnesses. The defense can call witnesses. The defendant can testify, and in the end, the judge decides whether or not there's a probation violation and, if there is, what the punishment is going to be.
You should get an attorney if you've got a probation violation in Los Angeles. You're entitled to have one, and your attorney will be your champion in defending your rights related to any probation issues.
What Happens If I Am In A Diversion Program?
When you get diversion or deferred entry judgment, if you pick up a new case or you violate that diversion program, you run the risk that the diversion program will be taken away from you. You will then get a conviction in the case that you're on diversion for, instead of getting the dismissal that you are trying to achieve.
You're going to end up with a mark on your record. You can also be charged with a new case simultaneously, which increases the odds that you're going to get a severe punishment, like jail time or prison time. You're going to want to get the best attorney you can find, so they can convince the judge that this is just a mistake and point out the good things that are going on in your life.
How Can Criminal Defense Attorney Help?
There are a couple of ways that good criminal defense can help you with a probation violation. Even if you violated your probation, they could show why you broke it. They can show other things related to your life that show you're not just an individual who violated your probation.
You're an individual who has a job or a family and has done several good things on probation. Sometimes, when it comes to a probation violation, things are more than what meets the eye. The judge needs to hear your explanation about what happened.
There are other scenarios where you didn't violate your probation, and the probation officer is just getting technical with you. If you face a probation violation, you must contact an attorney who knows the prosecutors and the particular judge where your case is pending. He knows their tendencies and knows what it will take to mitigate the circumstances or show that you didn't violate your probation.
