Did you recently find out that you’re being accused of violating the terms of your probation? Facing allegations that you violated probation can be incredibly stressful, especially if you’re scared of being arrested again or worried about undoing all the progress you’ve made since your original case.
As overwhelming as this situation is, try to breathe and take a moment to contact Simmrin Law Group as soon as possible. As a law firm that has been in business since 2005, we have what it takes to advocate for you as your white collar crimes lawyer in Burbank.
Our attorneys have helped thousands of clients and handled more than 100 jury trials. As lawyers with decades of legal experience, we know how important it is to work with a trustworthy probation violation lawyer in Burbank. With us, you’ve got a friend who knows the law.
Understanding What Probation Means in California
Probation makes it possible for people convicted of crimes to avoid jail or prison as long as they abide by court-ordered conditions. California courts are known to grant probation in cases where the judges believe someone can successfully comply with their supervision requirements.
There are two main types of probation in the state of California:
- Formal probation
- Informal or summary probation
Formal probation usually involves supervision by a probation officer. Informal probation typically applies in misdemeanor cases and may not require regular meetings with an officer. However, both forms of probation include conditions that must be followed carefully.
With that in mind, here are examples of common probation conditions:
- Obeying all laws
- Attending counseling or treatment programs
- Completing community service
- Paying fines or restitution
- Maintaining employment
- Avoiding drugs or alcohol
- Submitting to drug testing
- Staying away from certain people or locations
Violating any of these conditions may lead to serious legal consequences.
For a free legal consultation with a probation violation lawyer serving Burbank, call (310) 896-2723
What Counts as a Probation Violation?
When you are accused of violating probation in California, it means prosecutors or probation officers have alleged that you failed to follow the terms, as ordered by the court.
Some violations involve new criminal arrests, while others are viewed as technical violations, which don’t stem from you committing new crimes. These are examples of alleged probation violations:
- Missing a court appearance
- Failing a drug or alcohol test
- Missing meetings with a probation officer
- Failing to complete court-ordered classes
- Not paying fines or restitution
- Leaving the area without permission
- Being arrested for a new offense
Many people are surprised by how quickly probation officers can report violations to the court. Even misunderstandings or accidental mistakes may result in allegations of violation.
A Burbank criminal defense lawyer can review the accusations and help determine how to respond before the situation becomes worse.
Burbank Probation Violation Lawyer Near Me (310) 896-2723
What Happens After a Probation Violation Allegation?
When someone is accused of violating probation in California, the court may issue a bench warrant for their arrest. In some situations, people are taken into custody immediately and held until a hearing takes place.
The court will usually schedule a probation violation hearing to determine whether a violation occurred. Unlike a criminal trial, prosecutors do not need to prove the violation beyond a reasonable doubt.
Instead, they only need to show that it is more likely than not that the violation happened. Because probation hearings involve a lower burden of proof, legal representation can become especially important. At the hearing, the judge may decide to do any of the following:
- Reinstate probation
- Modify probation terms
- Extend the probation period
- Order additional penalties
- Revoke probation and impose jail or prison time
An experienced defense attorney can present evidence, challenge the allegations, and argue for alternatives to incarceration whenever possible.
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Common Defenses a Probation Violations Lawyer in Burbank Can Apply to Your Case
Not every probation violation accusation is valid. In some cases, people are accused unfairly or based on incomplete information. Several defenses could apply to your case, though it all depends on the circumstances.
Lack of Intentional Violation
It’s possible for a probation violation to stem from simple misunderstandings, scheduling problems, transportation issues, or honest emergencies. In this case, Burbank probation violation attorneys can state that you didn’t intentionally violate probation conditions.
False Positive Drug Tests
Drug and alcohol testing errors can happen. Certain medications, testing mistakes, or laboratory problems may lead to inaccurate results.
Inaccurate Reporting
Probation officers and prosecutors sometimes rely on incomplete or incorrect information. Witness statements, attendance records, or documentation may show that the alleged violation did not occur.
Financial Hardship
People sometimes struggle to pay fines, restitution, or program costs due to unemployment or financial difficulties. Courts may consider whether someone genuinely lacked the ability to pay.
An attorney can review the evidence carefully and determine which defenses may apply in a specific case.
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Can a Burbank Probation Violations Lawyer Get Your Probation Reinstated After a Violation?
Yes, probation can be reinstated after a violation. In some situations, judges decide to reinstate probation rather than impose jail or prison time. This is what the courts often consider before deciding whether or not they will reinstate your probation after a violation:
- The severity of the violation
- Whether the violation was intentional
- The person’s criminal history
- Progress made during probation
- Efforts to correct the issue
- Family or employment responsibilities
A lawyer can help present evidence showing why the client deserves another opportunity to remain on probation. Sometimes courts may modify probation conditions instead of revoking probation completely.
This may involve additional counseling, treatment programs, or stricter supervision requirements.
For Legal Advice From a Probation Violations Lawyer in Burbank, Contact Simmrin Law Group ASAP
If you’ve been accused of violating your probation, Simmrin Law Group is the one to call. Our criminal defense attorneys know how to defend people accused of criminal offenses and probation violations throughout California.
We’re ready to handle any case, in any court in the state or in Federal Court throughout the country. When you need support during a stressful legal situation, our law firm is committed to aggressive criminal defense representation. Call our Burbank prosecution violation attorneys for help today.
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