More than 180,000 people were on probation in California in 2020 for felony and misdemeanor convictions. More than 30,000 had their probation revoked. That is what can happen if you violate the terms of your probation.
If you have violated probation, you should talk to a skilled criminal defense attorney to get in front of the issue. If you are considering violating the conditions of your probation, you should seek counsel before you do. The consequences can be significant.
Attorney Ryan Roth believes that probation offers those convicted of crimes an opportunity to retain some of their freedoms. He also understands that adhering to the terms of probation is not an easy thing to do. Due to his compassion for his clients, advocacy skills, and tenacity, people turn to Attorney Ryan Roth for probation violation representation. Roth Legal, A Professional Law Corporation serves clients in Modesto, California, as well as Stockton, Manteca, Merced, and throughout California.
If you receive probation as a penalty for a criminal conviction, you also receive an order from the court which details the terms of probation. In accepting probation as punishment, you agree to adhere to those conditions. Following are some common probation violations:
You do not report to your probation officer as scheduled.
You do not pay the fines or restitution the court ordered you to pay by the time you were ordered to pay them.
You fail to appear for court.
You travel outside the restricted area prescribed without permission to do so.
You fail a random test for alcohol or drugs or refuse to submit to one.
You visit a location you were ordered not to, such as an establishment that serves primarily alcohol.
You make contact with or are in close proximity to someone you were ordered not to.
You are arrested for another misdemeanor or felony.
The severity of the violation, interpreted by the probation officer or the court, often determines the consequences imposed for violating the conditions of your probation. They would include:
A warning from your probation officer, usually warranted for a first and a minor violation;
Issuance of a warrant for your arrest for a failure to appear in court;
Immediate rearrest by a law enforcement officer who has probable cause to believe you have violated the conditions of your probation;
Scheduling of a probation violation hearing as due process for possible revocation of your probation (you would be able to present evidence and confront witnesses testifying against you before the court renders a decision);
The addition of new or more stringent conditions to the original terms of probation;
The levying of additional fines; and,
A jail or prison sentence.
An experienced criminal defense attorney can provide legal guidance if you are thinking about violating the conditions of your probation. If you have been rearrested or summoned to appear in court, an attorney can help you fight possible probation revocation.
No longer innocent until proven guilty in the eyes of the court, you have fewer rights in a probation revocation hearing than you did at your original trial. Having your attorney defend you during the revocation process may make the difference between retaining some of your freedom or losing it entirely.
Revocations can be appealed. The reasonableness of probation conditions can be challenged. The probable cause purported by law enforcement in rearresting you can be questioned. A criminal defense attorney will investigate every option and mount an aggressive defense.
Being accused of or rearrested for violating the conditions of your probation is no reason to simply give up. Attorney Ryan Roth is a fierce advocate for those accused of probation violations in Modesto and throughout the state of California. If you are thinking about violating your probation, call Roth Legal, A Professional Law Corporation today.