Probation Violations
Probation violations are very serious for several reasons. First of all, when someone is charged with a violating of their probation, the only relevant issue is whether or not the person violated a general or special condition imposed by the judge at sentencing. It is no longer important whether or not the person committed the underlying crime or has a defense to the underlying crime. Furthermore, the person is facing the same punishment he or she could have received originally when they were accused of the crime. Another distinguishing factor of a probation violation is that the judge is the trier of fact, not a jury. Additionally, the prosecutor only has to prove that somebody violated their probation by a preponderance of the evidence. This is in far contrast to the much higher standard of proof beyond a reasonable doubt used in criminal cases. For all these reasons, it is absolutely imperative that a person charged with a violation of probation have an aggressive and experienced Los Angeles criminal defense attorney to represent them.
Individuals who fail to comply with their conditions of probation may face a revocation of their probation which may result in jail time or state prison. These kinds of violations can often be successfully defended, but only a truly experienced lawyer will know which strategies to pursue a solid defense to an alleged probation violation. The Law Offices of Jonathan I. Kelman works diligently to provide a reasonable explanation for why one has failed to comply with a condition or conditions of their probation, often convincing the court to reinstate their probation with the exact same terms and conditions.
With probation, comes rules and regulations that must be followed. These rules must be followed to avoid returning to jail. When probation terms are violated, the defendant is eligible for more jail time and the opportunity for probation is taken off the table.
Probation can be violated in the following ways:
- Failure to pay required fines or restitution to the victim
- Failure to comply with additional probation terms such as attending rehabilitation or completing community service.
- Failure to appear to a scheduled court appearance for a progress report.
- failure to report to a probation officer at the scheduled times.
- Violation of probation rules, terms and conditions.
- Possession of illegal substances or weapons.
- The committing of a crime.
- Being arrested.
A probation violation could result in many consequences, including more jail time. Some of the most common probation violation consequences incude:
- Extension of probationary period
- Amendment to the probation terms and conditions
- Revocation of probation
- Re-instatement of probation with the same or different terms and conditions
- Community service
- Physical labor
- Treatment programs
- Rehabilitation programs/classes
- Counseling
- Prison or jail time
Given the complexity of criminal defense in general and probation violations in particular, it is vital that you choose a Los Angeles probation violation lawyer who combines experience with a good track record, a thorough understanding and familiarity with the law and the local courts, and a commitment to each and every client. If there is an alleged violation of probation against you, your time to get the right experienced Los Angeles criminal defense attorney is limited. The Law Offices of Jonathan I. Kelman has successfully represented numerous clients who have had probation violations throughout the State of California. The Law Offices of Jonathan I. Kelman prides itself on aggressive representation with a personal touch. Armed with the knowledge and experience to build a winning defense, Jonathan I. Kelman is accustomed to taking on the criminal justice system and achieving the best results for his clients.
When your future is on the line… Call the Law Offices of Jonathan I. Kelman immediately. Your phone consultation is free and completely confidential.