Probation Violations

Orange County Probation Violation Defense

If you have been convicted of a crime, probation is an opportunity for you to meet their sentencing obligations in a way the court approves while avoiding jail time. When you are placed on probation, you must be willing to meet certain obligations ordered by the court. Violating the conditions of your probation will result in that opportunity to be taken away, and you may be sentenced to jail or prison.

However, a mere allegation of a probation violation is not enough. Even when you are on probation, you still have legal rights, including the right to defend yourself from the accusation that you violated it. Probation officers are not judges and do not have the right to send you to prison on their word alone.

I am a California criminal defense trial lawyer with over 25 years of experience in criminal defense, including probation violations defense. At the law firm of Barney B. Gibbs, Attorney at Law in Tustin, I represent people across Southern California at probation hearings, protecting their rights and making sure the state is required to prove that you violated your probation before imposing your prison sentence.

If you have been accused of or have been arrested on a bench warrant for violating your probation, contact me now for a free consultation. I am available 7 days a week, 24 hours a day, and I can meet you in jail.

Types of Probation Violations and Good Faith

Depending on whether you are on felony or misdemeanor probation, violations could involve anything the court ordered you to do. Typical examples include:

• Failing to complete a court-ordered rehabilitation program
• Failing to remain in contact with your probation officer
• Drinking or using drugs
• Failing to pay restitution or fines
• Committing another crime while on probation

When considering whether your probation violation will result in imposing your original prison sentence or another punishment, the court will consider a variety of factors. Most important is the question of whether you were acting in good faith—whether you were doing your best but tough circumstances led to the violation, or if you intentionally or neglectfully ignored your obligations.

Other factors include the seriousness of the violation, the number of violations on your record, the criminal nature of the violation, how soon in your probation the violation occurred, and the input of your probation officer.

Violating Probation Does Not Always Mean Going to Jail

The outcome of your probation hearing could result in reinstatement into the probation program, extension of the terms of your probation, additional probation terms such as community service, substance abuse treatment, CalTrans, or counseling, or probation revocation and jail.

An experienced defense attorney can help you present the violation in the best possible light and argue for a punishment that will help you keep your freedom, meet your obligations, and stay out of jail.

To schedule a free consultation about your legal options, contact me through this Web site.