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Probation is the suspension of a jail sentence, granted by a judge to a defendant who the judge feels is capable of serving out a jail or prison sentence at home. Probation in the state of California can be either formal or informal, and may depend on the judgments or sentencing given.
In addition to following the law, the terms of your probation could include:
Probation should be viewed as a privilege and not a right, because many defendants in criminal cases are not given the option of probation. If you have been granted probation, you are required to behave according to those terms. Otherwise, a judge can rule to revoke probation during a hearing.
The following are some of the most common ways that probation is violated:
If you violate your probation, you will be issued a bench warrant, arrested, and/or detained until a probation revocation hearing is scheduled. Obtaining probation means that you give up your right to a jury trial and the right to a speedy trial. Instead, you may be held in jail for months until your violation hearing.
There are several ways to discover that a probation violation has been filed against you:
Probation can place heavy demands on your lifestyle, and many defendants have problems conforming to these strict demands, which can last for months or years at a time. Probation cases in California typically last three years, but longer terms are possible as well. If you successfully complete your program requirements, you may be able to petition for your probation to be terminated after two years. If you violate your probation, however, you may be at risk of even greater penalties.
Violation of your probation is a serious matter that should be treated as such, and you need the best criminal defense lawyer on your side. At the Law Offices of Jacqueline Goodman, we are prepared to defend your rights today and we have the experience and resources you need to achieve the best outcome possible.
Misdemeanor on completion of community service - Felony 2nd DUI, under 21 with injury.
Los Angeles Arrest Pre-filing representation on Attempted murder of police officer, assault with a deadly weapon upon a police officer.
Strike felonies including assault with a deadly weapon - car with great bodily injury.
Car accident, no license, speeding (filed by Anaheim City Attorney).
Penal Code 273a(b) Child endangerment/cruelty.
Child molestation: Felony.
Commercial burglary probation violation: dismissed, no violation found.
Contempt of court order by a gang member.
CSA case dismissed.