Los Angeles Probation Violation Lawyer
Probation Violation Legal Information
In California, there are two types of probation: informal (or summary) probation and formal (or felony) probation. (See Penal Code section 1203.) Being placed on probation is often a way to avoid jail time. If you are placed on informal probation, the court will order you to obey all laws as well as any other conditions the court deems appropriate (AA classes, domestic violence classes, etc.). If you are placed on formal probation, not only will the court order you to obey all laws and possibly impose other conditions, but you will have to check in regularly with your probation officer.
Probation Violation Hearing
If at some point the court believes you are in violation of probation, either because you violated a law or you failed to satisfy a condition or you failed to check in with your probation officer, the court will hold a probation violation hearing. A probation violation hearing is similar to a trial in many ways: witnesses will testify, evidence will be presented, and you will have the right to an attorney. Unlike a trial, however, there is no jury. Instead, the judge makes the decision about whether or not you violated probation. Also unlike a trial, the prosecution does not have to prove its case beyond a reasonable doubt, but only by a preponderance of the evidence. So if the evidence shows that it is 51% likely that you violated probation, the court will find you in violation. Because the standard of proof is much lower, it is very important that you are well prepared for the hearing and that you have good legal representation.
If the court finds that you violated probation, it can send you to jail in misdemeanor cases or to prison in felony cases. The court can also just place you back on probation, possibly with more conditions to satisfy. As always, it is highly recommended that you speak to an attorney as soon as you are aware of an investigation into or charges or a probation violation against you.
Contact a Experienced Probation Violation Attorney
Eisner Gorin LLP is a criminal defense law firm that has been helping clients in Los Angeles contest their criminal charges and obtain superior results for years. Our skilled probation violation attorneys have over 50 years of collective court room experience and we are fully prepared to undertake our clients’ cases. When we work with our clients, we do everything possible to make sure that they receive the attention, resources, and dedicated legal counsel that they deserve.
If you have been charged accused of violating the conditions of your probation, do not hesitate to call our law firm at (877) 781-1570. Our knowledgeable legal team can evaluate your case and advise you of your legal options.