Probation Violation Attorney in Santa Cruz, California

In California, probation is a non-prison sentencing option available to convicted defendants. Probation may be imposed as an alternative to imprisonment or part of a defendant's sentence. However, defendants under probation must adhere to the conditions of their probation. If you violate one or more conditions of your probation, the judge could modify, revoke, or terminate your probation.

If you have been arrested and charged with probation violations, hiring a trusted California criminal defense attorney is imperative to help strategize your defense. With over 20 years of extensive experience, I have the diligence, knowledge, and resources to represent and defend clients facing probation violation charges.

As your attorney, I can evaluate and investigate every detail of your unique situation thoroughly and craft a strong defense strategy to maximize your prospects of the most favorable outcome for your case. Also, I will fight vigorously to protect your legal rights, attempt to establish your innocence, and make sure you do not suffer additional penalties.

My firm – the Law Offices of Andrew C. Janecki – proudly serves clients across Santa Cruz, California, and the surrounding communities of San Jose, Palo Alto, San Francisco, and Berkeley.

Common Ways Probation is Violated

Probation can be described as an alternative sentencing option (non-prison) available to offenders who have been convicted of a crime. The aim of probation is to eliminate or reduce the time a defendant will spend behind bars. A probation violation occurs when an offender fails to comply with any term or condition of their probation. Here are some common ways that probation is violated in California:

• Failure to report to a probation officer

• Failure to pay fines or restitution

• Traveling outside the state or an area without permission

• Failure to complete community service

• Failure to appear for a court date

• Failing to comply with alcohol or drug screenings

• Testing positive for alcohol or drugs

• Getting arrested for an unrelated offense

• Committing another offense or crime

• Visiting certain people or places associated with criminal activities

• Possessing, selling, distributing, or trafficking drugs or controlled substances

• Failure to complete a mandatory diversion program or drug treatment

A skilled California probation violations attorney can review all of the surrounding facts of your case, identify the probation conditions that were violated and help build your defense strategy.

Types of Violations

Additionally, probation violations can be categorized into two – substantive and technical violations.

Substantive Violations: A substantive violation occurs when a defendant under probation is arrested or indicted for committing another offense.

Technical Violations: A technical violation occurs when a defendant under probation breaks, ignores, or violates one or more conditions of their probation.

If you or someone close to you has recently been charged with a probation violation, it is crucial that you get in touch with a knowledgeable California criminal defense lawyer straight away. Your attorney can assess the nature of the violation and explain the potential implications.

Consequences of Probation Violation

However, the potential ramifications of a probation violation in California usually depend on a number of factors, including:

• The severity and nature of the violation.

• Whether your probation officer reported the violation.

• The number of prior probation violations on your record.

• Whether you will face new criminal charges.

An experienced probation violations attorney can help you understand the possible consequences of your probation violation and what might happen next.

Warning or Request to Appear in Court

According to California Penal Code 1203.3, a probation officer may arrest a probationer if there is a probable cause to believe that they have violated any condition of their probation. The probation officer may:

• Arrest you and bring you before the court, or 

• Request the court to issue a warrant for your arrest.

Depending on the surrounding circumstances of your probation violation, you may be warned or required to appear in court.

Determination of a Probation Violation

In a probation violation hearing, the prosecuting attorney only needs to show that you might have committed the violation. Thus, to be found guilty of a probation violation, the prosecutor doesn't have to prove the allegations against you beyond any reasonable doubt.

Sentencing & Possible Penalties

To issue a sentence, the judge will evaluate all of the evidence presented against you and the probation conditions that were violated. Some possible outcomes of a probation violation hearing include:

• Extend your probation sentence

• Revoke your probation

• Modify the terms of your probation.

• Impose statutory maximum penalties

• Mandatory enrollment in a drug treatment or alcohol rehabilitation program

• Impose additional probation conditions

• Order you to perform extra hours of community service

• Order mandatory counseling or drug treatment

An experienced attorney can evaluate every detail of your case and determine the best defenses that can help you achieve the best possible outcome.

How Legal Counsel Can Help

Trying to defend your probation violation charges without proper guidance or representation could expose you to the possibility of suffering additional penalties. If found to be a violator, your probation may be revoked, and any sentence within the scope of your punishment imposed. Therefore, when accused of probation violation, it is paramount that you retain a knowledgeable criminal defense attorney for experienced guidance and to protect your best interests.

At the Law Offices of Andrew C. Janecki, I'm committed to offering comprehensive legal counsel and reliable representation to clients in their probation violation cases. Using my in-depth legal understanding, I will present your case diligently in court and attempt to establish your innocence. Also, I will fight intelligently to defend your legal rights and improve your chances of the best possible outcome in your case.