Top Orange County Probation Violation Lawyers
Probation Violation California
Following a violation, speaking with an Orange County probation violation Lawyer could help you substantially. Any California resident who has been convicted of a crime in the state is subject to probation as part of their sentencing. This is true for both misdemeanor and felony convictions regardless of whether it is a white collar crime or any other type of offense. Conditions will be imposed upon the defendant for the duration of the probation, and failing to comply with any of those could cause the terms to be revoked and a prison sentence imposed in its place.
Common Probation Conditions in California
The judge presiding over a criminal case has the right to impose conditions when handing down a sentence. One of the most common violations is when a person picks up a new case. The term “violate no law” is often used when a person is arrested for a new case. This results in an immediate probation violation petition, which could result in increased punishment. The terms are entirely at the Judge’s discretion and will usually entail restrictions relevant to the crime.
The terms given can include:
- A Restitution Fee. In most instances the payment for restitution can be made in small amounts. Along with this condition it is often imposed that the defendant remain employed. If the payments stop, or the defendant is found to be unemployed for an unreasonable amount of time, he can be found in violation
- Enrollment in a drug or alcohol program, such as AA, and abstinence from all drugs and alcohol. The judge can insist that the offender undergo scheduled or random drug and alcohol screening
- Condition that there is no contact made with the victim named in the case. This is a requirement most often utilized in domestic violence cases
- Community Service and/or Cal-Trans roadside work
- Mandatory Counseling or Therapy
- Certain Search Conditions. A judge may impose that the defendant allow his person or property be searched by California police at any time without a warrant or probable cause
- An Electronic Monitoring Device. This type of condition is almost exclusive to sex offender crimes and will also include the condition that the defendant is registered as a sex offender
- An Understanding that it is a violation to refuse to submit to a chemical DUI blood or breathalyzer test. California DUI probation will always include the provision that the offender never drive with any amount of alcohol and/or drugs in their system. They can also be required to have an ignition interlock device or SCRAM device installed on their vehicle if they have multiple DUI convictions
In addition, there is always the requirement that an individual who has been granted probation in lieu of a jail sentence does not violate any additional laws. If it is suspected that the defendant has violated one or more terms, then he will be subject to a violation hearing.