A probation violation can have a significant impact on a criminal record. Even one misdemeanor can result in a felony charge, as well as numerous court appearances and probation orders. Probation Violations are serious and must be dealt with accordingly. A conviction for a probation violation can have a significant impact on employment opportunities and personal life. The first step to finding the best defense is to understand your rights under the law.
In California, a person may be arrested and prosecuted if they are found guilty of a criminal offense, even if they have not been charged with that specific crime. Probation violations are different from felonies and cannot be converted to one. If an individual is found guilty of a misdemeanor, then there will be a stricter set of rules to follow if he or she is placed on probation.
Serving probation does not mean that a person has completed their sentence. Instead, it is a term of incarceration in which a person must follow certain court ordered laws. Generally, a judge may issue a probation order for up to two years. While serving probation, a person is prohibited from possessing a firearm, except for an attorney in good standing who has been issued a special permit from the court. As part of the terms of their probationary sentence, those who have committed a crime involving the use of a weapon may not possess a firearm for one year.
An individual who finds themselves charged with a probation violation, must understand their legal rights. The most important right is the right to an attorney, whom they should seek immediately after being informed of the charge. An attorney will be able to review the evidence against them, and can provide legal advice to their clients. Those who have been charged with technical violations, must make sure that their attorney has filed all necessary paperwork with the court. Failure to do so may result in a denial of their request for an attorney.
The probation officer will take over the role of a private detective, gathering information on the criminal background of the defendant. It is important for the criminal defense attorney to contact the probation officer as soon as possible after being charged. Once the case is being investigated, the attorney will be able to find out any mitigating circumstances regarding the case. By knowing the circumstances surrounding the case, the attorney will be better equipped to defend their client during court.
In many cases, the criminal trial results in a guilty verdict or a finding of not guilty. The probation period is then continued, and the suspect is released from jail. At this point, the suspect is required to meet with the probation administrator, who decides whether the term of probation would be revoked. If the revocation hearing is scheduled for a later date, the defendant must appear before the revocation hearing panel in order to have the matter before the judge.