Los Angeles Probation Violation Lawyer
If you were convicted of a crime in Los Angeles, your prison sentence may be “suspended” in favor of a probation term. The judge may choose to release you to your community under your probation officer’s supervision, depending on your charges and the circumstances surrounding your case. Being on probation does not mean you are free from the constraints of the legal system. People on probation are under constant monitoring and supervision by the government. People who violate the conditions of their probation will be rearrested, brought back to court, and may be made to serve the rest of their term in prison.
Probation is undoubtedly preferable to a prison sentence, but it is not without its disadvantages. People on probation are restricted from certain activities and must abide by rules imposed by the court. These rules are sometimes difficult to follow, resulting in a probation violation. If you have violated the conditions of your probation and are facing rearrest or a prison sentence, contact a Los Angeles probation violation lawyer as soon as possible. Contact Eric D. Davis, Attorney at Law by calling (626) 628-9596, and schedule a free legal consultation today.
What Is Probation in Los Angeles?
Probation is a penalty imposed by the court after a defendant has been found guilty or entered a guilty plea. Probation is imposed in place of a prison term, which is “suspended” instead of going into effect. Probation allows the convicted defendant to return to their community instead of being incarcerated.
The underlying prison sentence is not replaced by probation but is instead suspended and may be reinstated almost automatically if you violate the terms of your probation. The defendant will be monitored by a probation officer and must abide by the conditions set by the court. If the defendant violates those conditions, their probation officer may rearrest them and bring them back into court, and the court may make the defendant serve out the remainder of their sentence in prison. The exact terms of your probation will depend on the nature of your charges.
Why Did I Receive a Probation Sentence in Los Angeles?
Probation is authorized for many criminal offenses in Los Angeles, including felonies and misdemeanors. However, certain felonies are not eligible for probation. These are usually felonies that are especially violent or involve the use of a deadly weapon.
In California, the court is authorized to impose a probation term any time it is available as a sentencing option under California law. Courts tend to place defendants on probation when they feel their sentences will be better served at home in their communities. Think of probation as a second chance: you will still have a criminal conviction on your record, but the court is allowing you to prove you will not re-offend so that you can avoid going to prison.
A court will also impose certain probation conditions for the benefit and rehabilitation of the defendant. It is common for defendants to participate in drug or alcohol abuse treatment or educational programs as part of their probation. If they fail to show up for treatment or classes, that may violate their probation.
What is Considered a Probation Violation in Los Angeles?
A probation sentence may include many different types of conditions you must follow to stay out of prison. Your conditions will depend on your charges, your criminal history, and the details of your case.
Generally, defendants cannot commit another offense while they are on probation. Being arrested for a new crime is a probation violation and may result in the revocation of your probation.
As part of your probation, you will be required to check in with your probation officer often. You will be required to report to your probation officer, usually in person, at regular intervals. You must also notify your probation officer of any life changes, like moving or losing your job. Your probation officer may make unannounced visits to your home or work to check up on you and search the premises for contraband. If they observe any behavior that violates your probation, they may rearrest you. If you fail to report to your probation officer, you may also be in violation and be arrested.
Other conditions can include drug and alcohol treatment, educational courses, and community service, depending on what is appropriate for your situation. The court may also require that you maintain a job or stay in school to remain on probation.
If any of these conditions of your probation are violated in Los Angeles, you can suffer extreme consequences as the violator. It is important to contact a skilled Los Angeles probation violation attorney if you are accused of violating these terms.
Can I Go to Prison if I Violate Probation in Los Angeles?
The good news is that probation often allows you to avoid being incarcerated. You will remain out of jail and may continue living at home with your family as long as you follow the rules of your probation as imposed by the court.
However, a possible prison sentence is not totally off the table. If you violate the conditions of your probation, the probation officer that monitors your behavior and whereabouts will rearrest you and take you back to court. You may be arrested without a warrant and you may be held without bail. The judge may then revoke your probation and send you to prison, where you will serve the remainder of your sentence.
If you successfully follow all your probation conditions for the duration of your probation sentence, check in with your probation officer as required, and avoid getting arrested for other crimes, you will not have to serve any time in prison.
Contact a Los Angeles Probation Violation Attorney If You Were Accused of Violating Your Terms
Probation should not be taken lightly just because you avoided prison time. The conditions of your probation may be challenging to comply with and may require significant lifestyle changes, and a probation violation could land you back in prison. If you or someone you know has done something to violate the terms of their probation, call our Los Angeles criminal defense lawyer immediately. A skilled lawyer will help you explain your situation to a judge and hopefully avoid being sent to prison. Contact experienced Los Angeles probation violation lawyer Eric D. Davis, Attorney at Law, by calling (626) 628-9596. Call to schedule a free legal consultation today.
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