Criminal Defense Attorney

If a person violated probation, there are many repercussions he or she may face. Many hope that their probation will simply be reinstated with the original terms and won’t suffer from an extended probationary period. With reinstatement, a person shall finish serving their term as if the violation hadn’t occurred. If a probation officer believes there was a breach in the conditions of probation, a warrant for the person’s arrest may be requested. Perhaps the best thing a person can do who is accused of violating their probation, is to obtain a lawyer for protection.

Q: Will I have to wait in jail until my probation violation hearing?

A: In some circumstances, a judge may require that the accused is held in jail until the probation violation hearing can be held. The judge may evaluate several factors when deciding if the accused can be released or not. For example, the judge may consider whether the accused may be a harm to the community, which condition of the probation was violated, criminal history, if this was the first violation, statements made by the probation officer, and if there is a victim involved who feels threatened. A lawyer can be influential for this hearing in that he or she can advocate for your behalf, to help keep you out of jail during this waiting period.

Q: How do I know if the judge will reinstate my probation or not?

A: During the court hearing regarding the probation violation, the judge will ultimately decide the repercussions if you are deemed guilty. The prosecution will bring forward evidence of the probation violation, and your lawyer can cross-examine witnesses or challenge proof that doesn’t seem accurate.

In order for the judge to claim that you violated your probation, he or she must be satisfied with the evidence the prosecution has gathered. The standard of evidence is significantly less than other types of cases, which means it is much easier for a prosecutor to prove the violation occurred.

If the judge determines that a violation didn’t happen, then the probation is likely to be reinstated. However, if the judge finds the breach did occur, then he or she will decide the appropriate consequence. The judge may just reinstate the probation, establish stricter conditions, extend the probation term, require fines to be paid, or send you to jail.

Q: What if I didn’t violate my probation?

A: If you didn’t breach the terms of your probation, you will have the opportunity to defend your side in court and present your own proof during the hearing. If you have been unjustly accused of violating your probation, it may be in your best interest to hire a lawyer for support. A criminal defense attorney San Mateo, CA trusts understands the complexities of criminal defense cases, and can create a defense strategy that suits your situation. Just because you were accused of violating the probation, doesn’t mean you are automatically guilty. You can either admit the breach did happen, or deny accusations made by the prosecution.

Thanks to the Morales Law Firm for their insight into criminal defense and probation violation.