Violation of Probation
Violation of Probation in Southern California
Serving Banning, Blythe San Bernardino, Palm Springs, San Diego, El Centro, Indio,
Riverside, Rancho Cucamonga & Beyond
At The Law Offices of Shaffer Cormell, we understand that violations of probation can have serious consequences, including potential jail time and additional penalties. If you are accused of violating the terms of your probation, our experienced legal team is here to help. Whether the alleged violation involves missed court dates, failure to complete required programs, or new criminal charges, we are committed to protecting your rights and minimizing the impact on your future.
We will carefully examine the circumstances of your case, gather evidence, and advocate for alternative solutions to avoid harsh penalties. With a strong track record in probation violation defense, we aim to negotiate with prosecutors and probation officers, seek dismissal of the violation, or advocate for leniency at your probation hearing.
Violation of Probation Hearing
If you have been accused of violating your probation you must attend a probation violation hearing before a judge. The purpose of this hearing is to determine whether you did in fact violate your probation and if so, what penalty to impose. Common ways to trigger a probation violation hearing include failing to pay a fine, failing to appear in court, a commission of a new crime, and failure to submit to a drug test. If you violate any of the terms of your probation, either the police or your probation officer can arrest you and bring you to the probation violation hearing.
A probation violation hearing has different evidentiary rules than a criminal trial.
For example, in a criminal trial, the prosecution must prove beyond a reasonable doubt that the defendant is guilty. However, in a probation violation hearing, the prosecution need only show by a preponderance of the evidence that a violation occurred. “By the preponderance of the evidence” is a significantly lower standard than “beyond a reasonable doubt” because it means the prosecution needs only show that it is more likely than not the probation violation occurred.
Furthermore,
hearsay evidence that would not be admissible in a criminal trial is admissible in a probation violation hearing. Hearsay is an out-of-court statement offered to prove the truth of the matter asserted. For example, a defendant’s employer testifies that another one of his employees told him they saw the defendant smoking marijuana during his lunch break. The employer’s testimony is hearsay because the employer did not actually see the defendant smoking marijuana but is relying on what the other employee told him. The employer’s testimony would not be admissible in a criminal trial but it would be admissible in a probation violation hearing.
After weighing the evidence, the judge will make a finding as to whether you violated your probation. If the judge determines there was no violation then nothing happens and you remain on probation under the same conditions as prior to the hearing. However, if the judge finds you did violate your probation one of three outcomes will occur. The judge can reinstate your probation on the same terms and conditions. A reinstatement is the most favorable outcome of a probation violation because nothing changes and it maintains the status quo. The judge may also modify the probation with new, stricter terms and conditions. The worst possible outcome is the judge revokes the probation and requires you to serve your jail or prison sentence.
Vehicle Code 20002 makes it a misdemeanor for a driver involved in an accident to leave the scene when the property has been damaged.
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If your probation gets revoked, your attorney can still advocate for the judge
If a probation violation occurs, your attorney may request the judge to grant “time served,” meaning your sentence will be reduced by the time you’ve already spent on probation. For instance, if a defendant is convicted of criminal trespassing and sentenced to four months in jail but is instead placed on probation, a violation two months into probation could lead to its revocation. In such a case, the defendant’s attorney could argue for “time served,” which would reduce the remaining jail sentence to two months instead of four. Hiring a skilled criminal defense attorney is the best way to avoid such outcomes and protect your rights.