When you are granted probation, it can be a significant relief. While you will still be convicted of a criminal offense, this allows you the opportunity to avoid jail and focus on getting your life back on track. However, if you are accused of violating the terms of your probation, this can severely complicate matters. The following blog explores what happens if you violate the terms of your probation and the importance of working with a Sacramento criminal defense lawyer to help you navigate these difficult times.
What Is Probation?
It’s important to understand what probation is and how it differs from parole, as many incorrectly use these terms interchangeably. While probation and parole are both forms of community supervision, they are issued at different times.
In general, probation is issued in place of jail time, meaning the convicted criminal will remain out of jail. Parole, on the other hand, is issued once someone has been incarcerated for a period of time, which can vary depending on the crime they are convicted of. The primary goal is to reintegrate those convicted of crimes back into their community while focusing on rehabilitation.
However, just because someone may be serving their sentence outside of jail does not mean they have free rein. There are a significant number of terms and conditions they must adhere to when on probation. This includes regularly reporting to a probation officer, refraining from drugs, maintaining employment, and submitting to random home checks. Many probationers also face conditions directly related to the crime for which they were convicted. For example, someone charged with aggravated assault may be required to attend counseling and anger management classes, while someone convicted of child pornography may have to refrain from using the internet.
What Consequences Can I Face if I Violate Probation in California?
Probation violations should not be taken lightly, as these can result in significant consequences. First and foremost, it’s important to understand what happens if you are accused of violating these terms. While some minor probation violations may result in a verbal warning or increase in frequency, such as reporting to your probation officer weekly, this is not always the case for more serious violations. Generally, the first thing you’ll need to consider is that the court may issue a warrant for your arrest. Once in custody, you will likely be able to post bail prior to your violation of probation hearing.
At this hearing, evidence will be presented by the prosecution against you in an attempt to showcase your noncompliance. It’s important to understand that this hearing will not be presented in front of a jury, but rather a judge will ultimately decide the outcome of the case.
If you are convicted of a probation violation, the judge can issue a number of consequences. They may change the terms and conditions of your probation, such as lengthening it or adding stricter terms. You can also face fines and fees associated with this offense. In serious instances, your probation may be entirely revoked, meaning you are responsible for serving the remainder of your sentence in prison.
As you can see, accusations of probation violations are not something that should be taken lightly. That is why working with an experienced criminal defense attorney is critical if you have been accused of this offense. At the Law Offices of Dale R. Gomes, our dedicated team understands how complicated these matters can be. As such, we will do everything in our power to help you fight for the best possible outcome. Contact us today to learn more.
