When an individual is placed on summary or supervised probation, the court withholds pronouncement of judgment, typically for three years and orders the defendant to serve jail time, perform community service and violate no law during their period of probation. Failure to observe the conditions of probation can result in additional punishment, including additional jail time or termination of probation and a sentence to state prison. If you are being charged with a probation violation, contact our office to speak with an attorney regarding the probation violation.
Probation terms are often dictated by the crime that you were convicted of. For certain drug offenses, a defendant may be required to register as a narcotics offender and submit to drug testing or attend NA meetings as directed by the probation department. If it is a drug sale case, the court can order a civil forfeiture under the Health and Safety Code of any contraband and drug proceeds. In cases involving weapons, destruction of the weapons will usually be ordered and for certain sex crimes, registration under Penal Code 290 can be required. The terms of one’s probation may include meeting regularly with a probation officer to monitory the individual’s progress. The probation officer must be kept informed of any changes in one’s contact information or employment. In addition, a defendant can be assessed a probation supervision fee by the court, in conjunction with the statutory fines and penalties.
If you fail to follow the probation conditions, you could be slapped with a probation violation charge. A probation violation could result from not keeping your probation officer informed of your contact information, not reporting to probation or committing a new offense.
There is an array of factors that play into what penalties one will face from a probation violation. If the judge revokes your probation, most certainly you will spend some time behind bars and, depending on the nature of the alleged violation, result in the maximum sentence on the original charge being given.
Client charged with possession for sales and gang enhancement. Client faced 16 years in prison with the gang and prior strike allegation. Client turned down 8 year pretrial offer with prior attorney before going to trial. Not guilty on all charges at trial. (People v. Antwan B.)
Client charged with attempt murder, accessory after the fact and gang enhancement after shots fired at a dwelling. Client turned down 15 year pretrial offer. During trial, plea deal reached for probation with time served. (People v. Rudy B.)
Client charged with resisting arrest, obstruction of justice when cops performed a probation sweep at her residence. Client found not guilty on all counts at jury trial. (People v. Felicia M.)
Client charged with corporal injury to girlfriend after argument allegedly escalated. Client had significant exposure of 21 years because of prior strike, probation violation and GBI allegation. At trial, jury refused to convict client, returning hung verdict. (People v. Christopher P.)
Client charged with possession of methamphetamine for sale after traffic stop. Client claimed prejudice by prosecution’s delay in bringing the case to court. Motion filed on behalf of client asking the Court to dismiss the case as violative of client’s speedy trial rights. Motion granted and case dismissed. (People v. Shannon J.)