Individuals who are convicted of a crime in the state of California can face certain consequences as a result of their actions. In some cases, this may require probation for a period of time. Probation lets a person serve their sentence within their community instead of having to go to jail. This is done under the supervision of a probation officer with certain guidelines that must be followed. If the individual fails to meet the conditions of their probation, this is known as a probation violation. When this happens, they can face additional consequences. If you are facing a probation violation, it is important to retain the services of an experienced Red Bluff criminal lawyer for assistance with your case.
What Are the Probation Guidelines in California?
In the state of California, a criminal offender can be placed on probation for one to five years. The time a person is given can be extended or terminated early, depending on their behavior. If the individual violates any conditions of their probation, they can be charged with a violation of probation. While on probation, a probation officer can do random check-ins to ensure they are following the rules. Some conditions that may be placed on a probation sentence can include the following:
- Meeting with their probation officer
- Pay fines associated with the charges they are facing
- Maintain employment
- Participate in community service
- Attend counseling
- Abide by a curfew
- Do not break any laws
- Urine monitoring
What Happens if I Violate Probation?
When a person violates probation, their probation officer will take the first step in filing a Violation of Probation (VOP) complaint with the court. This complaint outlines what the violation was, in detail. A court hearing can then be held in which, if the offender fails to attend, a warrant can be issued for their arrest.
When a probation violation hearing takes place, the judge will listen to the individual’s explanation regarding the complaint. The judge will then determine if the complaint is valid or not. If the judge decides the individual did not violate the terms of their probation, they can be let go. However, if they decide the individual is guilty, they can impose certain penalties depending on the situation at hand and its severity. It is important to know that this could result in revoking their probation and being sent to jail.
What are Some Defenses Against Probation Violations?
When facing a probation violation, it is important to retain the services of a criminal defense attorney who can argue your case. Possible defenses that can be used can include:
- The alleged complaint is wrong
- The alleged acts are not a violation of probation
- The violation was minor or done by accident
- Good behavior makes further penalties unnecessary