Probation Lawyer in San Diego
One of the sentences frequently imposed on convicted felony and misdemeanor criminal offenders in California is probation. Probation is a conditional release that may be imposed instead of or subsequent to incarceration. Any failure during the probation period to adhere to the court’s conditions is a violation of probation or “VOP.” If you’re charged with probation violations, you must obtain legal representation at once from a good probation lawyer, because if you are found guilty of a VOP, you can be sent to jail (or back to jail) and face additional criminal penalties. If you are accused of a probation violation, contact experienced San Diego probation attorney Elliott N. Kanter to discuss your situation immediately. It’s best to seek legal assistance early on in the process so you have a team of criminal defense lawyers on your side right from the beginning.
SAN DIEGO LAW FIRM EXPLAINS PAROLE VS. PROBATION
Probation is often confused with parole, but the two are very different. Probation is offered to defendants as an alternative to jail time after being convicted of committing a crime, while parole is granted after serving time in jail. In effect, the parolee is serving the remainder of his sentence outside of prison. A violation of the conditions of his parole may constitute grounds for reincarceration. In both probation and parole, the defendant is required to follow certain rules and requirements.
THERE ARE MANY ADVANTAGES OF PAROLE ACCORDING TO SKILLED LAWYERS IN SAN DIEGO
There are many advantages of parole. It costs less to supervise a parolee than to incarcerate a prisoner. A person on parole has an opportunity to change his ways and contribute to society. At the same time, society still receives some protection because the parolee is supervised and the privilege can be revoked at any time even for the most minor misbehavior. Parole is also a method of rehabilitation, because it gives convicts supervision and guidance during their re-entry into society.
Parole eligibility depends primarily on what type of sentence the inmate received, and how “good time credit” will be applied to that sentence. Inmates who are sentenced to the California state prison for a specific amount of time or a determinate sentence are automatically placed on parole once they are released. On the other hand, those who are sentenced to state prison for potential life sentences are eligible for parole after they serve the determinate part of their sentence and only after the parole board determines that they are ready to reintegrate to society.
Good time credit allows inmates who behave while in prison the opportunity to serve only part of their sentences. There are two classes of inmates who are not eligible to earn any good time credit:those who were convicted under the “murder” law, and those who have been previously convicted of and incarcerated for two or more felonies. Individuals who fall under these categories must serve their entire determinate sentences before being paroled.
YOU MUST COMPLY WITH THE CONDITIONS OF PROBATION
During probation the defendant is allowed to be released in the community but he is required to follow certain rules, perform certain tasks and may have to report regularly to a probation officer. Failure to comply with these requirements can result in a probation violations hearing where the defendant is sent to prison or given new burdensome requirements.
California Penal Code Section 1203 gives a judge discretionary power when imposing probation requirements. As long as the requirements logically relate to the offense for which the defendant was convicted, the judge can impose any conditions he/she may deem necessary to serve the purpose of the law. Of course, if the conditions seem too strict or burdensome, the defendant is always free to reject the probation sentence and to serve a prison sentence instead.
OUR SAN DIEGO CRIMINAL DEFENSE LAWYERS DISCUSS COMMON REQUIREMENTS FOR PROBATION
Some of the most commonly imposed probation requirements include:
- a mandatory restitution fine,
- a restraining order (if your offense involved California domestic violence or another act of violence),
- abstaining from alcohol and/or drug use and possible attendance in a drug or alcohol program such as AA or NA(if your offense was drug or alcohol related),
- not driving with any measureable amount of alcohol and not refusing to submit to a chemical DUI blood or breath test (if placed on California DUI probation),
- installation of an ignition interlock deviceor a SCRAM ankle bracelet (generally imposed in connection with a multiple offense DUI conviction)
- “search conditions” (a provision in which you agree to allow the police to search you person or property at any time with or without a California search warrant)
- individual or group therapy,
- community service or Cal-Trans roadside work, and
- an order not to violate any additional laws.
WHAT HAPPENS IF YOU VIOLATE THE TERMS OF YOUR PROBATION?
In case of probation violation, there will be a hearing where the prosecution must prove the violation by a preponderance of the evidence and not guilt beyond reasonable doubt as in the original criminal offense. Upon determination of a probation violation, the court may revoke the probation and send the violator to prison. In the alternative, the court may make probation requirements more restrictive or assess additional penalties such as more community service. Don’t go to a probation violation hearing without an experienced criminal defense attorney who can disprove the accusations that you violated the conditions of probation.
OUR SAN DIEGO ATTORNEYS WILL FIGHT FOR YOUR FREEDOM
In California, if you are sentenced to “summary” probation, your task is easy. Complete your probation and avoid any more criminal charges. If the probation is “formal,” you report monthly to a probation officer, and you must satisfy all of the requirements of your probation. Violations may include any failure to appear in court or to pay restitution to a victim as ordered: missing meetings with your probationary officer or failing to finish court-ordered community service or rehabilitation; driving with any measurable amount of alcohol in your bloodstream; failing to avoid known criminal acquaintances; possessing illicit drugs or illegal firearms; or committing any additional crime(s).
WHAT ARE THE PENALTIES FOR VIOLATING PROBATION? AN ATTORNEY EXPLAINS
The penalties for violating probation in San Diego County can depend on a number of factors. If it’s a minor violation, you’ll probably get another shot at probation. If the violation is more severe, you could be placed behind bars or scheduled for a probation violation hearing. Make absolutely certain, if you are ordered to appear at a VOP hearing, that you are accompanied by an experienced attorney from one of the top law firms in San Diego.
SEEK REPRESENTATION FROM ONE OF THE MOST EXPERIENCED SAN DIEGO LAW FIRMS
The attorneys at our law firm have over 30 years of experience defending clients in criminal cases. Our practice areas include assault and battery, juvenile offenses, theft crimes, expungement, sex crimes, fraud, and drug crimes.
Please call attorney Elliott N. Kanter at (619) 330-5881 as quickly as possible to discuss a VOP case or to learn more about probation and parole in California. You can also fill out the form on this website, or email [email protected]. New and prospective clients are offered a free consultation, so do not wait to make the call. Our office is centrally located 2445 5th Ave, Suite #350, San Diego, 92101. If you have been arrested or are facing a VOP charge, schedule a consultation in our offices today.