Being charged with a crime can be incredibly overwhelming, with many unsure what the future will hold. As such, when you are convicted, you may anticipate receiving a jail sentence. However, when the judge sentences you to probation, you may not know what this means. While many assume probation is the easy way out, this is far from the truth due to the intense penalties you can face if you break the terms. The following blog explores what you should know about these complicated issues and why connecting with a Sacramento criminal defense lawyer is in your best interest when you’re in legal trouble.
How Does Probation Work in California?
Probation is a form of alternative punishment someone can be sentenced to if they are convicted of a criminal offense. This allows the defendant to serve their prison sentence from outside of jail and is often reached during a plea bargain with the prosecution. However, it is ultimately up to the judge to approve the probation.
It’s also important to understand the differences between parole and probation, as they are often incorrectly used interchangeably. Generally, probation is ordered in place of jail time when someone is convicted, while parole is granted to someone who has already served time in jail. As such, these two terms are very different.
If you are granted probation in place of prison time, it’s critical to understand the terms and conditions that are included as part of your probation. While the terms and conditions of your probation will depend heavily on the crime you are convicted of, the following are some of the most common conditions:
- Appearing for all scheduled court hearings
- Meeting with your probation officer
- Abstaining from drugs or alcohol
- Maintaining employment
- Submitting to random drug and alcohol testing
- Not contacting anyone involved in the case
- Participating in community service
As mentioned, some of the terms and conditions of your probation will depend on the crime at hand. For example, you’ll find that if you are convicted of internet crimes, you may be required to refrain from accessing the internet. If the crime you are convicted of involves violence, you can be required to attend counseling and anger management courses.
What Happens if I Violate the Terms and Conditions?
If you violate any of the terms and conditions of your probation, the penalties you can face can be incredibly severe. While some minor infractions can result in a strict, formal warning, others can have severe consequences. Generally, if you violate the terms and conditions, you may need to appear before the judge or a warrant can be issued for your arrest.
The judge assigned to your case will review the details and if they believe you have violated your parole, you may find that they will modify your probation to include new conditions or revoke it entirely, meaning you will serve time in jail.
As you can see, probation is an incredibly serious matter and should not be taken lightly. As such, it’s in your best interest to connect with an experienced criminal defense attorney from the Law Offices of Dale R. Gomes for assistance. We understand how complicated these matters can be which is why we will do everything in our power to assist you in fighting for justice. Reach out today to discuss your circumstances with a member of our firm.