What Are the Consequences of Violating Probation in California?
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Cohen Criminal Law believes that our work speaks for itself. Please find below some of our recent case studies and proven results here. Please give us a call if you’d like to speak about your case.
Gregg’s young client was arrested and booked for Felony Possession with Intent to Sell a Controlled Substance, Under the Influence of Controlled Substance in Public, Criminal Trespass, and Defacement/Destruction of Property.
Fortunately, the client contacted Gregg immediately upon his release. After reviewing the police report and listening intently to the client’s version of the facts, Gregg recognized a short window of opportunity. He swiftly initiated negotiations with the prosecutor and advised his client to be prepared to enter a plea at arraignment should he secure the desired offer. The strategy was a success. The client entered a deferred plea of guilty to Misdemeanor offenses only of Trespass and Possession of a Controlled Substance. The client was sentenced to 3 years of summary probation, community service, and fines and fees. No Jail. No Entry of Conviction. Dismissal upon successful completion of court requirements. Most importantly, NO FELONY!
Since the prosecutor and judge agreed to an 18-month Deferred Entry of Judgment, the client was effectively given a second chance. Put simply, with a Deferred Entry of Judgment, the client’s guilty plea was placed on hold for 18 months, he was not sentenced and therefore not convicted of a crime. As long as the client fulfills the requirements imposed by the court, at the end of 18 months, the guilty plea will be withdrawn, and the charges, only misdemeanors, will be dismissed. (M.R.)
This client was charged with 3 felony counts for possession of methamphetamine while armed, unlawful possession of a firearm, and unlawful possession of ammunition in addition to two misdemeanor drug counts. Due to the seriousness of the charges, Gregg’s client was facing a prison sentence. In this case, as with all his clients, Gregg took the time to get to know this war veteran and helped the client prove to the court that the client, now drug-free and working, would be a good candidate for military diversion or drug court instead of prison. The Judge and District Attorney agreed to a Deferred Entry of Judgment, meaning that although a guilty plea was entered, the client was not sentenced and was not convicted of any charge. As long as Gregg’s client fulfills all the court requirements and is not convicted of any new violations of law in the next 12 months, the guilty plea will be withdrawn, and the case dismissed. (R.B.)
Gregg’s client had been charged with Penal Code Violations for Carrying Concealed Firearm in a Vehicle and Carrying a Loaded Firearm on Peron in Public Place. These misdemeanor violations carried potential penalties of up to one year of jail time each along with the loss of his gun rights. Through his negotiations with the Judge and Deputy District Attorney, the Judge agreed to dismiss the misdemeanor charges and allowed the client to enter a guilty plea to an infraction charge for failure to properly secure a firearm in a vehicle. The client paid a total of $240 in fines and fees. (L.K.)
Gregg’s client was charged and convicted of being a Felon In Possession of a Firearm (Handgun). The client had previously suffered two prior felony convictions and two prior State Prison Sentences. This client’s two prior felony convictions handled by other attorneys resulted in him being sent to State Prison twice.
Gregg represented his client by fiercely advocating for a Probation sentence instead of a State Prison Sentence. Factually, the client was out fishing in a very remote area in the mountains with his two young children when a Fish and Game Officer approached them to “check the family’s fishing licenses.” The Fish and Game Officer found that Gregg’s client had a pistol in his possession and arrested the father of two. At sentencing, Gregg argued fiercely for a Probationary sentence. Gregg staunchly opposed the prosecutor’s unrelenting request for a “State Prison Sentence In This Case Your Honor.” The end result… Probation…No Prison! The client walked out of the courtroom holding both of his children’s hands! Everyone was teary-eyed.
Gregg’s client was arrested, booked, and released on Domestic Violence charges. This client did not wait for his Promise to Appear court date to find out if the District Attorney would file a Criminal Complaint. Even though the victim did not want to press charges, Gregg’s client wisely contacted an attorney to protect the client’s rights. Gregg advised his client not to speak to law enforcement. Gregg said that he would intervene on the client’s behalf.
Law enforcement and the District Attorney’s Office do not drop domestic violence cases just because the alleged victim does not want to press charges. This is because, unfortunately, all too often, the victim is intimidated by the aggressor. Gregg then conducted legal and factual research on the case. Gregg’s thorough investigation revealed facts that Gregg presented to the District Attorney’s Office that persuaded them not to file charges against his client. The client’s criminal record remains clear of any prosecution or convictions and the client avoids the loss of his gun rights. (A.C.)
Felony Domestic case where the Client was facing 7 years in State Prison based on the Client’s prior record of being sentenced to prison and the facts of this case.
First off: Great Bodily Injury Special Allegation dropped. Instead, a plea to one count with a probationary sentence was granted. Result: No Prison.
After conducting a thorough investigation with a private investigator, Gregg negotiated a plea to a felony count for Corporal Injury and the Judge’s agreement to 5 years of formal probation, 180 days of County Jail time at the discretion of Probation, no contact with the victim and fines and fees. (T.B.)
Gregg’s client was facing over 1 year of punishment on two counts of Domestic Violence which would have resulted in insubstantial jail time and a loss of Firearms Rights for the next 10 Years. Through his negotiations with the Deputy District Attorney and Judge, the Judge agreed to dismiss the charges of battery and false imprisonment and allowed an entry of a plea to “Disturbing the Peace.” The client was sentenced to NO JAIL, 36 months of informal probation, community service, an anger management program, and to have only peaceful contact with the victim. (A.C.)
Defendant charged with felony Corporal Injury to Cohabitant and Special Allegation of Great Bodily Injury – Domestic Violence, and a misdemeanor count for Interference with a Wireless Communication Device. Defendant’s sentencing exposure was 9 years and 6 months in State Prison. According to Gregg’s lengthy negotiations with the District Attorney and later with the Judge, the Judge agreed to his request for a plea to one count with a probationary sentence. No prison. Maximum Exposure – (T.B.)
Gregg’s client had been arrested and made bail on felony charges of false imprisonment and battery on a cohabitant. Acting early, Gregg investigated the facts of the case and found that his client was the one who had been struck and never struck back. Further, the alleged victim confirmed the story as did the client’s injuries. Gregg approached the District Attorney with the victim’s statement and evidence of the client’s injuries before charges were filed. The DA agreed with Gregg and declined to file a criminal complaint. (A.P.)
The client was charged with misdemeanor Battery and False Imprisonment of a non-cohabitating spouse etc. with an exposure of up to 1 year in jail as well as expensive fines. Gregg’s negotiations with the Deputy District Attorney and Judge resulted in the client’s plea to a misdemeanor violation of Disturbing the Peace. (A.C.)
A witness called 911 which alerted the CHP to the client’s vehicle which witness observed drive over the embankment into a tree. The client was described to display obvious symptoms of alcohol intoxication and measured a BAC well above .08%. In this case, Gregg was able to present a strong case for leniency on behalf of his client, securing a summary probationary sentence and a 5-day work program instead of jail time. Maximum Exposure was 6 months jail. (S.R.)
Gregg’s client measured a .313 BAC on these two Felony DUI charges involving a collision and bodily injury to 2 victims. Although the Client had no prior convictions, these charges carried a maximum exposure of 5 years in State Prison. After lengthy negotiations with the prosecution and with the Judge’s hard-won agreement, Gregg avoided a State Prison Sentence for his client and his client was granted eligibility for reduction of the Felony to a Misdemeanor with a Dismissal upon successful completion of the probationary sentence. (P.W.)
The client was pulled over on an expired registration then arrested for a second DUI and charged with two counts of child endangerment for driving under the influence with the client’s children in the car. Court sentenced the client to 5 years-summary probation, 10 days county jail, 6-month DUI school, 1-year IID, VIP…. Maximum Exposure was 3 years in jail. (E.S.)
Young juvenile charged with an extremely serious sexual assault, sodomy, case. Gregg guided his client and parents with care and empathy, helping to craft a personalized rehabilitation program, including psychiatric treatment to give his young client the best opportunity possible for normal productive adulthood. Gregg was able to demonstrate to the court that the juvenile was capable of rehabilitation. As a result, his client was placed in a residential treatment program and not DJF ( California’s Juvenile Prison Facility) where he would receive the care he needed and a greatly needed second chance. (S.H.)
Juvenile with a long history of multiple prior convictions was charged with 6 counts including three violent felonies, two violent misdemeanors, and Violation of Probation, facing a maximum exposure of 7-year’s incarceration. Despite this young client’s lengthy criminal history, Gregg advocated strongly on his behalf to obtain a negotiated plea to one count and one count for violation of probation. The young offender served approximately 60 days of Hall time and is currently on probation. (OCH)
Youth charged with felony possession with intent to sell a controlled substance on school grounds. Gregg takes a particular interest in protecting the rights of juveniles and helping them toward a productive future. With Gregg’s encouragement, this young client proactively entered a counseling and treatment program, completing it with a great attitude. The client learned an important lesson when the prosecutor, impressed with the client’s efforts, agreed to Gregg’s request and gave the client a chance to earn a dismissal of the case with the successful completion of 6 months of informal probation. (J.T.)
Gregg’s young adult Client made a series of extremely dangerous and terrible decisions which led to his being pursued by multiple officers for over 9 miles at speeds reaching over 104 mph. The result of these series of bad decisions made by the young man resulted in an armed traffic stop and his arrest. The facts of this 9-mile, 105 MPH, pursuit were terrible. For Gregg, what was favorable, was that the young Client had no prior offenses of any kind and was a solid citizen. Armed with this, Gregg assembled a highly detailed letter to the DA outlining the young man’s character, remorse, and future goals. The letter, and supporting documents, demonstrated to both the DA and the Judge his Client’s true ownership of his extreme mistakes, his remorsefulness, and his true character. Ultimately, this proved extremely persuasive with both the District Attorney and Judge agreeing to a truly lenient sentence. This young man did not suffer a life-altering Felony conviction, was not sentenced to Prison, was not sent to County Jail, and did not suffer a court-imposed Revocation of his Driver’s License. (M.T.)
Gregg’s client was arrested for Reckless Driving, a violation punishable by imprisonment in a county jail for up to 90 days, a $1,000 fine, or both fine and imprisonment, and a suspension of the client’s driver’s license. According to Gregg’s negotiations with the Judge and Deputy DA, the prosecutor agreed to accept a plea to a lesser charge for speeding, as an infraction and the Judge agreed to set aside the suspension of the client’s driver’s license. Maximum Exposure – (J.W.)
Gregg’s client was accused of a hit and run when the client’s automobile went off the road due to a faulty part. The vehicle barely grazed a sign, leaving no damage and for which the owner did not desire reimbursement. Nevertheless, overzealous law enforcement charged the client with a hit and run, jeopardizing the client’s employment. After a thorough investigation and lengthy negotiation with the Deputy DA, Gregg secured an offer to plea to an infraction for making an unsafe turn with a minimal fine. Maximum Exposure – (H.G.)
In the right circumstances, Shasta County Judges can be open to hearing arguments for Deferred Entry of Judgment for commercial drivers. If Gregg cannot get a dismissal at Trial, this is usually the next best option. Put simply, your ticket/plea is placed on hold for one year, if you do not violate any law within that year, Gregg will return to the court one year later and ask the court to enter a dismissal of your ticket. No conviction, No Points, No Fine!
Gregg knows that your livelihood is on the line so, even if you have a less-than-perfect record or a determined officer opposing you, it is imperative to get the best possible outcome so that you can keep driving.
Gregg treats traffic cases just like his serious criminal matters. He conducts thorough discovery, obtaining the CHP officer’s detailed notes and the calibration and maintenance records of the radar device that was likely used in your stop. He searches for any mistake made in your stop. He then takes every traffic case to trial where he will negotiate with the officer and judge for potential dismissal, deferred entry of judgment, or plea to a violation that will keep you on the road and a lower fine.
Tehama County is tough on commercial drivers. With your livelihood on the line, it is imperative to get the best possible outcome so that you can keep driving. Gregg treats traffic cases just like his serious criminal matters. He conducts thorough discovery, obtaining the CHP officer’s detailed notes and the calibration and maintenance records of the radar device that was likely used in your stop. He searches for any mistake made in your stop. He then takes every traffic case to Trial where he will negotiate with the officer and judge for potential dismissal or plea to a violation that will keep you on the road and a lower fine.
A commercial carrier’s driver who no longer worked for the company was cited for driving on an expired Motor Carrier Permit with a maximum exposure of 6 months in jail and fines and penalties of up to $2000. Through his negotiation with the District Attorney’s Office, Gregg’s client was allowed to plea to an infraction charge with a $229 fine. (M.S.)
Gregg treats every traffic case just like his serious criminal matters. He conducts discovery and takes every traffic case to Trial where he will negotiate with the officer and judge for the best possible outcome.
Charged with driving 110 miles per hour, Gregg’s client faced a 2-point penalty as she was not eligible for traffic school and likely would have suffered a license suspension. Gregg negotiated a plea offer to a reduced speed with only a 1-point penalty and eligibility to take traffic school to eliminate the point. The client’s license was not suspended, and she had the opportunity to clear her record to avoid a rate increase in her auto insurance. (S.A.)
Even in a case involving the worst speeding violations, Gregg will fight for you to secure the best possible relief he can in your case. At 116 mph, Gregg’s client was already lucky not to have been arrested. Neither the officer nor Judge was sympathetic, but with Gregg, you always have someone on your side. He will always present you in the best possible light to get the best outcome he can for you. The client kept his license. (S.P.)
Gregg’s client was cited at a speed that was not eligible for traffic school with 1 DMV point. Gregg’s negotiated plea allowed the client to attend traffic school, thereby removing the point from his DMV record and avoid a rate increase in his auto insurance due to the traffic ticket. (A.M.)
Gregg treats every traffic case just like his serious criminal matters. He conducts discovery and takes every traffic case to Trial where he will negotiate with the officer and judge for the best possible outcome.
With Gregg, you always have someone on your side. He will always present you in the best possible light to get the best outcome he can for you. When the officer who cited you fails to appear at trial, your attorney may request a dismissal of your case. The judge is not required to dismiss your case, but if granted, this means No Conviction, No Points, No Fine! (D.F.)
Gregg treats every traffic case just like his serious criminal matters. He conducts discovery and takes every traffic case to Trial where he will negotiate with the officer and judge for the best possible outcome.
With Gregg, you always have someone on your side. He will always present you in the best possible light to get the best outcome he can for you. When the officer who cited you fails to appear at trial, your attorney may request a dismissal of your case. The judge is not required to dismiss your case, but if granted, this means No Conviction, No Points, No Fine! (A.B.)
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