Probation Violation Attorney in San Luis Obispo, CA
Probation is a term that we’ve probably come to familiarize ourselves with. We’ve always heard it when describing certain offenders charged with crimes and how they are being monitored by the designated officers to check for any improvements in behavior.
Other terms for this process include community supervision and suspended sentencing. Probation is commonly used for individuals facing criminal charges for the first time and juveniles charged with a crime. Once the offender has met the standard set by the law, only then can they be released.
Not all goes well, however. There are instances wherein individuals violate their probation which can weigh heavily on their criminal record. In this instance, probation revocation may be done by the court resulting in imposition of the original sentence.
Learn everything you need to know about probation and the violation of these terms in order to be aware of the rules. Should you get into any kind of problems, make sure to work with a San Luis Obispo probation violation attorney who can review your case and defend you in court. A San Luis Obispo probation attorney is well-versed in the substantive laws and the court procedures, defending you and helping you work towards the best possible outcome for your case.
What is Probation?
As previously mentioned, probation is defined as a part of a plea agreement where the defendant pleads not guilty or nolo contendere in a criminal conviction for a lighter sentence. The court will then make a final adjudication and give a sentence. This sentence comes with certain standards that the offender has to comply with. This usually happens when the defendant is sentenced to a certain number of years in prison with another few years on probation.
Probation occurs after a plea has been entered, usually when the criminal case has resulted in a conviction. By a deferred adjudication agreement, the court delays the case’s final ruling. If the offender completes the term of agreement without any violations, the charges will be dismissed without conviction. The defendant who has accomplished this can also expunge the case records. Expungement means to completely destroy or erase a criminal conviction case.
Understanding the terms of probation is the first step into getting through your case. Enlist the help of a San Luis Obispo probation attorney who can help you navigate the system, offer legal representation, and ensure that you get a favorable outcome.
How Long Does Probation Last?
The length of probation depends on the criminal offense and on the state. Typically cases such as sex crimes and drug crimes are subject to a lifetime of probation. California law indicates that probation can last up to a year. Offenders are expected to comply with all conditions implemented during the time frame.
What Happens if I Violate Probation?
Violating probation is known as the infraction of the rules set upon an offender under probation at any time during the probation duration. Upon discovering that an offender has violated probation law, the probation officer has the choice to either warn the offender or attend a probation violation hearing. Should the judge deem that the offender has violated the probation, the offender will be subject to punishments such as additional probation terms, fines, jail time, and others.
If you are in need of courtroom representation for any probation violations, get in touch with a probation violation attorney in San Luis Obispo. The probation attorney will offer legal counsel and explain your rights as an offender for you to better understand the ins and outs of probation.
What are my Rights?
When going to a criminal trial for probation violation, the prosecutor must prove that the offender violated a term in their probation. Offenders have the right to learn of any new charges and present evidence before the criminal court that can support your claims and refute the evidence against them, hereby proving innocence. In this scenario, it is advisable for offenders to consult with their defense attorneys to learn of their rights and the steps they can take in order to prove that there was no violation on their end.
What Happens in Probation Revocation?
Offenders don’t immediately get sent to jail if their probation is revoked. Judges usually have options to choose from during sentencing. Among these include an extra length to the probation sentence, additional fines, imposing counselling or a seminar on the offender, and others. There are instances wherein a judge requires an offender to spend extra time in jail or require the offender to serve the time on their original sentence.
Is Probation Different from Parole?
Probation and parole are different from each other but they have overlapping similarities. Parole is defined as the conditional release of an offender to be integrated with the community again while probation is a sentencing order to keep the offender in check with regulations that they have to follow to avoid heavier penalties.
Violations for both probation and parole occur when the offender breaks the regulations laid down on them by the court. Parole violators go back to jail while probation violators get sent to jail. If you are currently experiencing this, it is wise to contact a criminal defense attorney who can help evaluate your case and represent you in court.
Seek Legal Advice from Probation Violation Attorneys
If you are on probation, it is vital that you understand what your rights are in court. If you are being implicated on a probation violation without sufficient evidence, enlist the legal assistance of a probation violation attorney. Contact 805 Law Group and get in touch with a probation attorney who will perform a case evaluation and be your best defense in court. A San Luis Obispo probation attorney will tirelessly fight for you during probation violation hearings to support your claims and refute any evidence against a violation. Schedule an appointment with the law-firm right now.