If you have been charged with a misdemeanor or certain felonies in California, you most likely will be ordered to serve a certain amount of time on Probation. Probation allows one to either remain out of jail or shorten the length of a jail sentence. The purpose of probation is to rehabilitate rather than to punish people convicted of a crime in California. The idea is that one serves his or her time under court supervision and out of jail custody. If one violates the conditions of probation, he or she will face a probation violation hearing. Some of the most common misdemeanor and felony probation violations include willful failure to pay a fine or restitution when you have the ability to pay, failure to appear for a court date, failure to report to your probation officer, committing a new crime and not submitting to or failing a drug test. The Probation Violation laws in Orange County can be confusing to a defendant charged with that crime. At The Atias Law Firm, a criminal defense law firm in Orange County, we know the ins and outs of making sure you don’t violate any of the terms of your probation.

Defendant’s Rights at a Probation Revocation Hearing in Orange County

Once a court determines that a defendant has violated the terms of his or her probation, the court will set a Probation Violation hearing.  In a Probation Violation hearing, the defendant enjoys various rights including the right to be represented by a criminal defense attorney, the right to call witnesses, the right to present mitigating or extenuating circumstances and the right to testify on one’s own behalf. In addition to the above, there is no jury at a Probation Violation hearing. Instead of the prosecution proving its case beyond a reasonable doubt, the prosecutor only needs to prove by a preponderance of the evidence, more likely than not, that a probation violation occurred.

Will I Go To Jail?

Possibilities & Penalties For Probation Violation in Orange County

If the terms of one’s Probation Violation are violated, the judge can revoke the Probation Violation and can impose the original judgment against the defendant. The in determining the sentence to impose for a probation violation, the judge will consider a number of factors that may include a number factors such as the defendant’s criminal history, how long into the probationary sentence the probation was violated, the seriousness of the violation and any recommendations made by the probation department. Once the judge considers the various factors, the judge could sentence a defendant by reinstating the defendant’s probation on the same terms and conditions, modify the defendant’s probation with new and most likely stricter terms or revoke a defendant’s probation and sentence the defendant to serve jail or prison time. If you have been charged with a Probation Violation it is extremely important you contact The Atias Law Firm, a criminal defense law firm in Orange County, before appearing in court for the Probation Violation. We can help navigate you through the process in avoiding having to spend time in jail on the Probation Violation.

Expungement of Your Criminal Record In Orange County

Once a defendant has successfully completed his or her Probation Violation, the defendant is eligible for expungement of his or her record.  Expungement is the process of cleaning your criminal record in that one can literally have the criminal charges dismissed from his or her record.  Even if a defendant is found to have violated the terms of his or her probation at a probation violation hearing, he or she can still be eligible for expungement of his or her record. Having a conviction expunged in California can be very beneficial in that it can help with employment of various jobs that could not be obtained with the conviction, allow one to obtain various professional licenses and generally allow one to maintain a clean criminal record.

What Should I do about A Probation Violation in Orange County?

Contact The Atias Law Firm today for a free and confidential consultation and we will explain the Probation Violation process in greater detail.