Probation Violations

If you happen to be on probation in California, you will have to follow certain rules and conditions.  Depending on the offense, the type of probation, the county and particular court/judge, the terms of probation may require checking in (formal probation), drug testing, maintaining employment, search conditions, drug conditions, counseling, stay-away orders, etc.  In addition, one term of all probation, even informal (court) probation is to obey all laws.

Failing to check in, failing or missing a drug test or picking up a new case can all trigger violations of probation.  Like with new criminal charges, a probationer may challenge a probation violation.  This proceeding is called a probation violation hearing.  At the hearing, a judge will decide whether there was a violation, but the probationer can have an attorney present and present evidence like a mini trial.

Misdemeanor Probation Violations
Misdemeanor probation violations, if found true, can trigger additional fines, time in the county jail, extended term of probation, and new terms and conditions of probation.  If you are on probation for a misdemeanor, a new misdemeanor or felony charge is the most likely cause of an alleged probation violation.  Depending upon the location of your other misdemeanor case, the cases may be joined or may be treated separately.

Felony Probation Violations
Felony probation violations can occur for many reasons, including simply failing to check in.  Failed drug tests, new criminal charges and even contact with the police that did not lead to arrest can also all trigger felony probation violations.  Remember that a felony grant of probation was in lieu of a prison sentence, meaning that depending on your original case and the severity of the violation, the violation alone could land you in State Prison.  Sometimes, a defendant on felony probation will be charged only with a probation violation, and not with a new offense, because it is easier for the government to meet the lower burden required for a probation violation than a jury trial.

Probation violation hearings are not as formal as a trial.  There is no jury and the evidence is presented much more quickly.  If you win a probation violation hearing, there is no violation and probation continues on schedule.  If you lose, the judge can add time to your probation, sentence you to jail, sentence you to prison or sentence you to pay a fine.  If you have been arrested while on probation, or otherwise violated your probation, contact the Law Offices of Nicholas Loncar now for a free consultation.

EXAMPLE:
Dan was arrested and later convicted of felony grand theft in Glendale.  The court could have sent Dan to prison (and the DA wanted him to go), but Dan's Glendale Criminal Defense Attorney was able to convince the court to grant Dan probation.  Dan was placed on three year felony probation, and advised that if he were to violate his probation, he could go to prison for 16 months, two years or three years.

Two years later, Dan had been doing a good job on probation, staying out of trouble, even finding a good job and complying with all of the terms and conditions of his probation.  One night, the probation department decided to do a probation search at Dan's home.  Dan has two roommates.  The probation department found a bottle of Vicodin tablets in Dan's kitchen, a common area of the apartment.  Dan denied ownership of the pills, but was arrested and booked for felony possession of a controlled substance, HS 11350 (more on California drug offenses).

At this point, there are several different things that could happen to Dan.  The judge could find Dan guilty of possession of a controlled substance, a new felony and sentence him to prison or another grant of probation.  The DA's office might choose not to file a new charge, but instead file the case only as a felony probation violation on the original case.  This is easier for the DA to do, because there is a lower burden on the government in probation violations. 

Dan hires a Los Angeles Criminal Defense attorney to help with his case.  The defense lawyer hires a private investigator to get statements from the roommates, all of whom deny ownership of the seized pills.  While the case might have gone better if one of the roommates had a prescription and admitted to having the pills, there was still hope to help Dan avoid jail or prison.  Dan's lawyer negotiates with the DA to reinstate Dan's probation for an additional year, but with no new charges, and no jail or prison time.

If you have been arrested and are already on probation, contact the Law Offices of Nicholas Loncar for a free consultation with a Los Angeles Criminal Defense Attorney.

IMPORTANT LINKS:
LA Sheriff's Inmate Locator 
Los Angeles Superior Court  
Los Angeles Police Department
Los Angeles Felony Bail Schedule
Los Angeles Misdemeanor Bail Schedule

Nicholas M. Loncar, Esq. 
Los Angeles Criminal Defense Attorney
t: 213-375-3775 | f: 213-375-3099
Mobile: 323-803-4352 
[email protected]

www.iDefendLosAngeles.com

By Nicholas Loncar