Probation Violation

When the court convicts you of a criminal act, the judge has the discretion to impose probation instead of sending you to jail or prison. The judge’s decision hinges on the severity of your crime, your criminal past, and whether it is safe to reintegrate you with society. Nevertheless, probation has requirements you must obey to continue to avoid incarceration.

A breach of probationary terms will result in an adjustment, revocation, or modification of your sentence. The court arranges a probation revocation hearing to impose a new sentence and additional penalties. At the California Criminal Lawyer Group in Bakersfield, we can represent you in the probation violation proceeding to prevent a revocation.

California Probation At a Glance

After the court issues a guilty verdict against you, they decide on the appropriate penalties contingent on your case’s circumstances. Typically, the judge can sentence you to probation if they feel the program suits you. Probation comes in place of a prison or jail sentence. If the court sentences you to the program, you will be released to your daily life to serve the entire or part of your sentence. In exchange for your discharge, the court imposes requirements to adhere to while out of jail. These requirements are probation conditions. Every person has unique conditions tailored depending on the crime type.

Probation is not the same as parole. You receive parole after serving part of your sentence in jail or prison. However, probation is one of the sentence options after a conviction. When the court sentences you to probation, the judge discharges you from custody. Alternatively, they can sentence you to a fraction of your incarceration period so that you can serve the remainder of the sentence out of jail under the probation program. The goal of imposing probation instead of incarceration is to help rehabilitate the minds of probationers and not punish them for particular offenses. However, based on the conditions judges impose for probation, they aim at rehabilitating and punishing offenders.

Probation Types

The two primary probation types are:

Misdemeanor Probation

Otherwise known as summary or informal probation, misdemeanor probation is available to defendants convicted of misdemeanor offenses. The probationary duration for informal probation is at most 60 months. Misdemeanor probation is also called informal because, under the program, you do not have to write a report or check in with your probation officer (PO) regularly.

One of the primary features of informal probation is that the court does not ask for a probation report during the probationary period. If you face a misdemeanor count, the judge can choose to receive a report before discharging you to integrate with the community as you serve your sentence or grant probation without the report. However, the only time the court will want a report before releasing you is if you have a prior guilty verdict for a sex crime with an obligation to enlist as a sexual predator.

Another misdemeanor probation feature is that the court needs a progress report from you, the lawbreaker, instead of assigning you a PO. Besides, you do not have to present yourself to a PO for meetings. Nevertheless, you should be in court for proceedings about your progress report. The purpose of the hearing is for the judge to establish that you obey the probation conditions. The court will arrange a probation infringement or violation proceeding if an infringement is detected.

Felony Probation

When you are apprehended and convicted of a felony, the judge can opt to impose felony or formal probation instead of prison incarceration. Like misdemeanor probation, formal probation lasts for no more than 60 months; the only difference is that for the court to grant formal probation, they must evaluate your probation report.

The PO prepares the report in the county where the guilty verdict was issued. Usually, the investigating officer, eyewitnesses, the victims, and the offender are cross-examined to prepare the report. The probation report captures the PO’s conclusion on your suitability for formal probation. The judge considers the report when deciding whether to grant or deny felony probation. On misdemeanor probation, a report is not mandatory.

When the judge grants formal probation, the court will assign you a PO, unlike in informal probation, where you are not under the supervision of a PO. The court's supervising officer monitors your activities to ensure no infringement of the court's conditions.

The court expects regular progress reports from your PO. These reports are prepared monthly, so you must meet your PO regularly; otherwise, you could face probation violation allegations and hearings.

The court puts you, the probationer, under supervision to ensure you do not flee from your jurisdiction. The PO is also responsible for establishing your job status and conducting random drug tests. Also, the officer can search your person or property to look for firearms, narcotics, or any other item whose possession would have violated the program’s conditions.

Probation Requirements

Whenever the court imposes probation, it must be accompanied by conditions the probationer must abide by. The court's requirements on probation hinge on your offense type and criminal past. The judge can choose the conditions and terms to impose for this type of sentence. The judge sets the terms they deem fit to help with your rehabilitation. The common probation conditions are:

• Mandatory victim's restitution.
• Restraining or protective orders require you to stay away from the victim in cases of domestic violence, elder abuse, or stalking.
• An order to avoid the use of controlled substances or alcohol in drug- or alcohol-related crimes. These conditions are typically accompanied by the requirement to enroll in and complete a court-sponsored narcotics or alcohol treatment.
• Not to drive a motor vehicle while intoxicated by any detectable alcohol amount. Again, you must agree to submit a sample for chemical testing when pulled over for DUI suspicions. These conditions are common in drinking and driving offenses.
• A condition to fit an ignition interlock device in the car to enjoy driving privileges.
• Yielding to random searches on you or your property, even when the police have no search warrant.
• Compulsory group or own therapy.
• Avoid the commission of new crimes.
• Completion of community hours.
• A requirement to maintain a job or school.
• Wearing an electronic monitor The condition is imposed on sex offenses that require you to enlist as a sex offender.

Common California Probation Violations

The judge cannot guarantee that, after releasing you, you will obey probationary conditions. When you disobey any of the probation conditions, intentionally or mistakenly, the judge will summon you for the probation violation proceeding. PEN 1203 allows courts to modify or revoke probation when necessary. If you complete probation as required, the court will drop your charges.

Nevertheless, when you violate the terms, you will face severe consequences, including being sent back to jail or prison to serve the original sentence for the crime. There are several habits the court deems a probation violation. These are:

1. Not Showing for Meetings With Your PO

When the court assigns you a supervisor, you must report to the officer regularly. The PO decides the place and time of the meeting. If you skip a single or multiple appointments, the judge expects the details to be captured on the progress report, as it is a breach of probation.

2. Skipping scheduled Court Proceedings

When the court discharges you from incarceration on probation, they will require you to attend scheduled progress report proceedings. The hearings are crucial to evaluating your performance. If you skip these proceedings, you are blatantly breaking the regulations imposed by the court.

3. Refusal to Pay Victim Restitution and Court Fines

Payment of court monetary fines and compensating the victims for their losses is a common probation requirement. You will violate your probation if you breach the condition and fail to make the payments within the stipulated duration.

4. Visiting Certain People or Places

It is not uncommon for the court to bar you from contacting certain people or visiting particular places. If this is one of the terms of your probation conditions and you violate it by contacting the parties you should not, the court will arrange a probation breach proceeding.

Other probation violations include:

• Declining to take random narcotic tests.
• Committing another offense while out on probation.
• Not completing your community labor hours.

When you are suspected of engaging in any of these violations, the police are likely to apprehend you and produce you in court. Also, if you refuse to meet your PO, the judge can issue a warrant for your apprehension.

If you have been apprehended for probation violation, you must speak to a lawyer who is experienced in post-conviction issues. The penalties for a PEN 1203 violation are detrimental, and the best person to help you contest the charges and prevent the penalties is an experienced attorney. Even if the legal representative does not convince the court not to convict you, they will convince the judge not to impose a jail sentence and instead incorporate probation.

A probation sentence is the most lenient punishment after a criminal proceeding because you return to your routines and reunite with your family. Nevertheless, another probation infringement will severely affect you and your family.

Probation Violation Proceeding

The court triggers a probation infringement proceeding when there is a breach of the set conditions. These breaches force the authorities to bring you before a judge. If you have been scheduled for a probation infringement trial in Bakersfield, do not hesitate to contact the California Criminal Lawyer Group to represent you in court and protect your rights. Your rights during the hearing include the following:

• Right to legal representation.
• Right to testify in your case.
• Right to evaluate the evidence the DA has against you.
• Right to call witnesses to the stand for their testimony.
• Right to present mitigating circumstances.

A judge presides over the probation infringement trial, unlike in criminal cases where you have the option of a jury or bench trial.

In these proceedings, the court does not have to demonstrate beyond moral certainty that there was a breach of probation conditions. Instead, they only need to demonstrate with a preponderance of evidence that you engaged in a violation. Under this evidentiary standard, the court is never required to show you engaged in a violation. They only prove that it is more likely than not that you engaged in a breach of probation terms.

You must understand that a statement you make away from court can be used against you if the proof is reliable. This is known as hearsay evidence. The proof of the statement you made away from the court about the probation breach accusations. If the hearsay proof is reliable, the court can admit it as evidence against you. Nevertheless, before such statements are admitted as evidence in your case, the court must consider your constitutional rights to cross-examine witnesses and why the prosecutor did not call the witness to the stand.

For example, the court can issue a guilty verdict against you and instruct that you attend mandatory counseling as part of the probation conditions. You skip the sessions, and the counselor calls home to inquire about your whereabouts. Your roommate answered the phone call and said you were unavailable because you went camping. The statement by your roommate cannot be used against you in a criminal proceeding. Nevertheless, it can be admitted as evidence in a probation breach hearing to demonstrate that you intentionally failed to attend counseling sessions. The statement by your roommate is sufficient to demonstrate probation infringement.

After the proceedings, the judge rules whether you infringed on probation terms. If the verdict is not in your favor, the court will assess your criminal past before imposing penalties. Other factors the court will consider when imposing your punishment include the violation’s severity, the reason for the crime, and your conduct throughout the probationary period. Also, the judge takes into account your PO’s input.

Once the court evaluates all these factors, they will issue a verdict. The court can reestablish the probation or revoke it. Again, they can cancel your probation, enact the initial incarceration, or restore probation with different regulations.

Probation Violation Penalties

The judge will not overlook an infringement of probation terms, meaning you risk serious penalties for the violation. Therefore, having the legal representation and guidance of an experienced post-conviction matters lawyer is critical to defending you in the infringement trial.

The penalties you will face for the infringement are contingent on the kind of breach and the baseline crime. The common penalties for probation breaches are:

Reinstatement of the Initial Sentence

When sentencing you, usually the judge sets aside the original prison or jail incarceration for the underlying crime and then sentences you to probation. Incarceration is the harshest punishment you can face for a crime. Therefore, judges are usually lenient when they sentence you to probation. Many offenders prefer a probation sentence, although a single infringement of the probation terms can result in the revocation of the program. If the court cancels probation, they will reinstate the original jail term provided for the offense.

For example, when your guilty verdict is for a felony crime with a prison sentence of at most six years, the court can impose formal felony probation instead of putting you behind bars. However, when you infringe on the probation terms and the court finds you guilty in a hearing, they will revoke the probation and send you to a six-year prison term.

Extension of the Probationary Duration

An infringement of probationary terms does not always lead to a revocation. Sometimes, the court can choose to terminate the original conditions and impose new, stricter terms with a prolonged probationary duration.

Mandatory Counseling

After analyzing all the facts relating to the probation infringement, the court can decide to impose a counseling program based on your breach. The common counseling programs the court imposes are for anger management and drug treatment.

Mandatory Participation in Community Labor

Another punishment the court can impose for probation infringement is community service or participation in a charitable entity or organization.

An infringement of probationary conditions is severely punished. Therefore, you should find an experienced probation infringement lawyer to defend you in the hearing and prevent these penalties or convince the judge to impose lenient penalties.

Probation Infringement Defenses

Your defense lawyer must present facts or proof that you did not infringe the probation conditions or that the breach was not deliberate. Again, the lawyer can present mitigating circumstances for the prosecutor to lower the penalties for the violation. If the judge decides to reinstate the original jail sentence, your lawyer will ask that the time you have already served be considered to reduce the incarceration duration.

Not every probationer who infringes on the court conditions faces punishment at the end of the probation hearing. The judge can allow you to continue with probation without additional terms or duration. However, your lawyer must convince them that you did not breach any of the terms and that the probation violation accusations are untrue. If the lawyer convinces the court that no violation happened, you will continue with probation. This significantly boosts your criminal record, particularly if you plan to erase or delete the record.

Expungement, or expunction, means sealing conviction records to prevent them from popping up whenever a member of the public runs background checks. With an expunged record, you can confidently say you have never been found guilty of the crime. Sadly, when you violate your probation terms and the court finds you guilty in a probation infringement hearing, you cannot erase the record. Nevertheless, with the assistance of a competent lawyer, there are situations where you can be eligible for expunction.

You should know that a criminal record of probation violations will hurt many aspects of your life. Potential employers, landlords, schools, or colleges should not ask about arrest records that did not result in convictions. Luckily, when the judge imposes probation instead of incarceration, it means you have not been found guilty of the crime; hence, no one should inquire about the guilty verdict leading to the probation. However, when you violate or breach probation, a conviction will appear on your record, denying you many opportunities.

Disabilities Stemming from A Probation Infringement Criminal Record

A breach of probationary requirements can seem trivial. Nevertheless, the disabilities or consequences associated with having a criminal record for the violation are life-changing. These consequences include:

1. Custody Denial

When you have a history of breaching probation terms, the court will rule against you in child custody cases. For example, if you were sentenced to probation after a domestic violence incident and you violated the terms, the court would deem you unfavorable to have custody of the children.

2. Slim Chances of Employment

Employers run background checks on prospective employees before hiring. Even though the law prohibits them from discriminating against you based on your criminal past, a record of probation breach will lower your chances of employment. Also, securing a government position will be impossible.

3. Denial of College Financial Aid

When you join the university or college, your probation infringement record can be used to deny your application for student financial aid. If you were already a student during the conviction. Again, some institutions are strict regarding admitting students with criminal records. Therefore, your history of probation infringement can be used to deny you college admission.

4. Renting an Apartment

Property management companies and landlords are strict with the people they give apartment leases to. When these individuals run some background checks and find that you have a probation breach history, your chances of securing a lease are minimal, and this could deny you the opportunity to live in decent housing, affecting the quality of your life.

Find a Reputable Post-Conviction Issues Lawyer Near Me

Probation infringement penalties and disabilities are harsh. You will need the best defense lawyer to represent you in the infringement proceeding to prevent reinstatement of maximum incarceration or extension of the probationary period. At the California Criminal Lawyer Group in Bakersfield, we will provide you with the best legal counsel regarding your probation breach and represent you in the hearing for a lenient outcome. Based on the circumstances, we can convince the court that no violation happened to continue with the probation. Also, we can negotiate for lenient penalties for the violation. Contact us at 661-750-8230 to discuss your probation breach.