Are you currently facing charges for violating the terms of your probation? If so, you need to speak to an Arcadia white collar crimes lawyer about your options. Probation violations are treated very seriously in California and can result in probation revocation and even jail time.
Simmrin Law Group is dedicated to protecting the rights of individuals in Arcadia and Southern California. Our team collectively shares decades of experience in criminal defense law and has helped thousands of clients address their charges. You can count on us for competent legal representation to protect your rights and freedoms.
Contact our offices today to speak to an Arcadia probation violations lawyer. Your liberties may hang in the balance, so it’s important that you don’t delay.
You Need a Criminal Defense Lawyer to Deal With Probation Violation Charges
You should always work with an Arcadia criminal defense lawyer when charged with a crime, no matter how minor the charge might seem. A criminal defense lawyer can make sure that prosecutors don’t violate your rights and ensure a fair trial. Most importantly, a lawyer can present evidence in a trial to show your lack of guilt.
More generally, a lawyer can provide legal guidance and advice. They can give you an honest estimation of the outcome of your case and explore strategies for defense and alternative sentencing.
For a free legal consultation with a probation violation lawyer serving Arcadia, call (310) 896-2723
How Does Probation Work in California?
Probation is a form of alternative sentencing that allows you to avoid prison for crimes. While on probation, you can stay out of custody as long as you abide by your probation terms. Probation is often used as an alternative to prison for first-time non-violent offenders.
There are two types of probation in California:
- Informal probation, or summary probation, is typically reserved for misdemeanors. While on informal probation, you don’t have to check in with a probation officer and must instead self-report to the court when necessary.
- Formal probation. Formal probation is a more serious arrangement and is used for felony crimes. Those on felony probation face strict oversight of their actions and must check in regularly with a probation officer.
Probation periods are typically one year for misdemeanor crimes and two or more years for felony crimes. If you abide by the terms of your probation, you can ask to end probation early. Once probation ends, you can take steps to clean your record.
Arcadia Probation Violation Lawyer Near Me (310) 896-2723
Common Types of Probation Violations
Probation requires you to abide by strict rules regarding your behavior. The exact terms of your probation differ on a case-by-case basis, but below are some common types of violations:
- Missing probation officer check-ins. While on formal probation, you must make regular check-ins with your probation officer.
- Not maintaining employment. As part of your probation, you may be required to maintain gainful employment and can be penalized if you get fired from or quit your job.
- Failing drug and alcohol tests. Probation for drug crimes and DUIs may require you to abstain from drugs or alcohol and submit to random testing.
- Committing another crime. If you commit another crime and get arrested while on probation, it could impact your terms.
- Not completing mandatory programs. Your terms of probation may also include mandatory education programs or community service.
- Traveling out of state. You are generally not allowed to travel out of state while on probation without first obtaining permission.
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Penalties for Violating Probation in Arcadia
The penalties for violating probation can be severe. In the immediate term, you may have to pay a probation revocation fee and may have the terms of your probation made more strict. In serious cases, a judge may order your probation revoked and send you to jail to fulfill the original sentencing.
Also, by violating probation, your case will not be expunged upon completion. You can still request to have your conviction expunged if you are eligible, but it won’t be automatic.
Note that, unlike most criminal cases, probation violations operate on a preponderance of evidence standard rather than a beyond a reasonable doubt standard. This means that the court must only prove that it’s more likely than not that you violated probation terms.
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Defenses to Probation Violation Charges
There are several strategies an Arcadia probation violations lawyer can use to protect you from the accusations. Below are some of the most common:
Violation Wasn’t Willful
Probation violations must be willful and intentional, so if you weren’t aware you were violating your terms, it could be a mitigating factor. Simply claiming “I didn’t know” isn’t likely to convince a judge, as you are expected to know the terms of your probation. But errors due to genuine misunderstandings or miscommunications can be a valid defense.
Extenuating Circumstances
Extenuating or emergency situations may require you to violate probation terms. For instance, you may miss a probation check-in with your officer due to a health or work emergency. These types of violations can be justified if you had no other choice.
Contact a Probation Violations Lawyer Serving Arcadia
Violating the terms of your probation can have numerous negative consequences, so it’s important to work with a lawyer who can protect your rights and freedoms. Simmrin Law Group can be your legal advocate and work to pursue the best possible outcome for your case.
Contact our offices today to schedule an appointment with our Arcadia probation violations lawyer team.
Call or text (310) 896-2723 or complete a Free Case Evaluation form