Probation can be a decent alternative to jail time in most cases. Depending on the crime, the defendant may be eligible for a particular probation period. Even though probation is, in most cases, better than jail time, it can still be overwhelming, as it's fairly easy to violate it accidentally. Someone who decides to violate probation can experience many problems in the future, with the first one being getting the probation revoked, which translates to serving jail time. Anyone going to a probation violation hearing in Sacramento, CA, can contact law offices like Goss Law to address all their legal options. The following page will outline everything surrounding a formal and informal probation term, as well as how the Goss Law office can help the person address their legal rights.
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What's the Difference Between a Felony Probation and a Misdemeanor Probation?
In Sacramento, CA, a law office attorney can negotiate probation instead of a criminal conviction, which can prevent the defendant from serving a lengthy prison sentence.
There are currently two different types of probation, and understanding both is essential before contacting a lawyer for advice:
Felony Probation
This is a "formal probation," which often serves as an alternative to jail time. In most cases, the defendant with formal probation will serve part of their sentence doing community service.
California has probation periods that last between three and five years.
Moreover, the state will appoint a probation officer, who will be responsible for monitoring the defendant's progress during this time.
It's important to note that the court doesn't issue felony probations to everyone with a potential felony conviction.
Some factors that affect a defendant's eligibility for this probation type in Sacramento, CA, include:
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Criminal record
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Nature of the felony offense
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Level of monetary loss that the victims suffered
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Impact of the prison sentence on the defendant's family life
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Defendant's willingness to comply with the terms of probation
In case the defendant gets their probation approved, they must comply with the following:
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Not committing another criminal offense or violating any laws (with the exception of traffic infractions)
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Submit to random drug/alcohol testing
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Avoid association with drug users or gang members
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Pay restitution fees (if applicable)
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Not leave the country unless the probation officers approve it
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Submit to random searches
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Complete drug treatment (if applicable)
Moreover, the defendant must report their progress to their assigned probation officer. Otherwise, they will face severe consequences.
Misdemeanor Probation
On the other hand, this is known as an "informal probation." This is mostly awarded to people who face misdemeanor convictions.
As opposed to formal probation, here, the defendant would have to spend their entire sentence doing community service.
Misdemeanor probation is often given to first-time offenders, although an experienced attorney could negotiate it for a repeat offender too.
The requirements for the defendant regarding probation are the same, including paying restitution fees, completing community service, and seeking/retaining gainful employment.
Overall, the main difference between the two probation types is that the defendant won't have to report to a probation officer, and the court won't have any travel restrictions for them either.
In this case, the defendant would have to attend a hearing to provide a report.
What Counts as Violating Your Probation?
According to California's Penal Code (1203.2A), a probation officer can arrest the defendant without a warrant if they believe they violated their probation.
Depending on the circumstances, the court can decide to release the defendant or set a probation violation hearing.
These hearings in Sacramento, CA, have a lower burden of proof than criminal cases, so it may be easier for a prosecutor to prove that the defendant violated their probation.
Some of the cases that count as a probation violation include the following:
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Not paying for victim restitution or legal fines
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Not appearing for court hearings
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Engaging in illegal or criminal activities
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Being under the influence of alcohol or drugs
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Possessing firearms (California law doesn't allow convicted people to carry firearms)
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Violating a restraining order
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Not keeping employment
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Not attending court-ordered programs
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Not reporting to a probation officer
Unfortunately, some people face probation violation charges for things they did accidentally.
Considering there are so many factors that count as a probation violation, it's imperative for the defendant to contact an attorney who can let them know of their legal rights and consequences during their probation period.
What Penalties Do Probation Violations Can Someone Expect?
Overall, the defendant can expect different outcomes from a probation violation case, depending on the severity of said violation.
Some of these outcomes include:
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Reinstatement of Probation (with original or modified terms)
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Revocation of Probation (with original sentence reinstatement or imposition of the maximum sentence)
If the defendant had a minor probation violation, or the violation was their first, they're more likely to get reinstated with the probation's original terms (as long as they complied with most of the probation terms).
On the other hand, more severe cases will have the court adding more terms like extra community service, a longer probation period, and mandatory counseling.
Finally, a serious probation violation will likely lead to jail time with the original conviction terms or other ones.
Does Not Reporting to a Probation Officer Count as a Violation?
Yes. In some cases, not reporting to a probation officer is considered a considerable probation violation that can lead to serious consequences.
Failing to report to these agents can lead to an arrest plus charges under the Penal Code (1203.2).
What Are Your Rights?
Regardless of the circumstances, a defendant has many rights to exercise for their hearing, and those include the right to:
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Subpoena Witnesses
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Legal Counseling
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Disclosure of Evidence Against the Defendant
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Present Mitigating Evidence
Bottom Line - Talk to Our Sacramento Probation Violation Lawyer Today
Seeking a free consultation from the team at Goss Law is any defendant's best option when it comes to their probation violation.
There are many defense strategies that the legal experts at Goss Law can use, including:
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Demonstrating that the defendant didn't commit the violation.
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Showing that the violation was accidental or minor.
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Proving that the defendant has followed most (or all) of the probation terms.
Probation is often awarded to people sentenced for a criminal charge.
Still, they should call an experienced lawyer to ensure they can negotiate proper probation terms if possible.
Otherwise, the defendant risks not getting any probation issued.
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