Probation Violation There's No Alternative

Probation Violation Attorney Newport Beach

If I violate my probation, will I be sent to jail?

The consequences of a probation violation are typically influenced by a host of factors, most notably the nature and seriousness of the issue, previous history, and presence of other factors that can affect the severity of the violation. However, the victim will probably suffer a lot in penalties, including substantial fines, the extension of the total probation time, and even being sent behind bars.

How the probation violation can be done

Although their respective states govern them, all Probation violation laws vary with states. It usually runs for 1-3 years, albeit it can extend beyond seven years. The problem arises when someone ignores, avoids, refuses, or fails to honor the terms of the probation while it lasts.

Some of the deeds that comprise a violation of probation entail:

  • Ignoring the preset date of court appearance.
  • Failing to report to probation officer at a given time or place.
  • Refusing to pay any restitution and fines as directed by the court.
  • Meeting certain people or traveling outside the state, without notifying the probation officer.
  • Owning, abusing, or selling illegal substances.
  • Committing crimes and offenses.
  • Getting arrested due to another offense.

When probation is violated – what happens?

Warning and/or Request to appear in court

Since there’s no particular rule pertaining to what happens when the violation is done and reported, it’s the officer who decides what to do. But depending on how severe the abuse was, prior warnings, and other factors, the officer may choose to fine or jail you.

Determination of the violation

A probation hearing offers your case for hearing before a judge and determines that you violated the probation. The prosecuting attorney must prove you went against the rules by a likelihood of over 50% or by a “preponderance of the evidence” standard. Some issues to be considered by the judge will include the type and nature of the claim, with its severity and your history concerning the same.

Sentencing

After determining one is guilty of probation violation, sentencing will follow soon after. It will vary from extending the probation or imposing extra probation terms or serving jail time and revoking the probation altogether and serving the remaining time behind bars.

Legal rights at the probation hearing

Even when you are guilty of probation violence, there are some rights that, when you know, might help reduce the severity of the sentence. They include:

  1. You must receive a written notice bearing all the claimed violations against you.
  2. A neutral judge must hear the case.
  3. You are entitled to attorney representation.
  4. You may bring witnesses and evidence.

Penalties and punishments

Lighter penalties may include:

  • Performing community service
  • Attending rehabilitation
  • “Boot camp.”
  • Other programs aimed at correcting the behavior

Serious penalties:

  1. Paying fines to victims
  2. Restrictions
  3. A brief time in jail
  4. Serving the remaining terms of the original sentence behind bars

Need help?

It’s clear that probation violation can be a serious crime with a potential of yielding great consequences and penalties. And, since no one would prefer to serve time in jail, seeking an Newport Beach criminal defense attorney will be expected.

WHY WE'RE THE RIGHT CHOICE

  • Over 45 years of Collective Experience
  • Thousands of Cases Successfully Handled
  • Former Deputy District Attorney
  • Impressive Track Record of Results
  • Highly Respected by Peers and Clients
  • Free Initial Consultation

GET DEFENSE FROM AN AWARD-WINNING TEAM OF ATTORNEYS

Over the years our firm has earned numerous awards and accolades for delivering outstanding legal representation. Some of our awards include: Admission to The National Top Trial Lawyers Association since 2014, AVVO Rating 10.0 Superb Rating, American Institute of Criminal Law Attorneys Award "10 Best Attorney Client Satisfaction" in 2018, Nationally Ranked Top 100 Under 40 in California Attorney Award in 2017, Member of the Newport Beach Chamber of Commerce since 2018, Martindale-Hubbell Accredited Law Firm, Distinguished in Orange County Metro "Top Attorneys" section, and Featured in Orange Coast Magazine in April 2010 as one of "Orange County's Best Criminal Defense Attorneys".

  • Best Criminal Defense in Irvine - 2022
  • Best DUI Lawyer In Irvine- 2022
  • Best DUI Lawyer in Santa Ana - 2022
  • Best Criminal Defense Lawyer New Port Beach- 2022
  • 10 Best Attorney
  • Top 100 Trial Lawyers
  • Under 40
  • avvo 10.0

GETTING STARTED IS EASY

Schedule a Free Consultation Today

A member of our team will be in touch shortly to confirm your contact details or address questions you may have.

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy

CLient Reviews

At Law Offices of Randy Collins, your satisfaction is our priority! See for yourself what our clients have to say about working with us.

    "Caring and Genuine Attorney"
    I called the office and right off the bat, I was super impressed at how much help I was receiving without even meeting in person. Chris (the guy who answered my call) is extremely nice and he explains everything so well. He told me how he used to work at the courts for many years (that gave me relief that he knew what he was talking about). Randy (the attorney) is delightful as well and put my worries to rest with his expertise and knowledge. You can tell by his demeanor and how passionate he speaks, that he is genuine and he cares about his clients. This office handles everything from DUI cases to just about anything criminal related.
    Former Client
    "Trustworthy, honest, hard working and caring attorney."
    If anyone needs a trustworthy, honest, hard working and caring attorney, it’s without any doubt, Mr. Randy Collins. I have had many contacts throughout my lifetime, and I have never ran into such a professional in the law field. He’s also a very caring individual that listens to the client and shows great respect.
    Mary
    "I am extremley grateful for their help!"
    Randy, Chris, and his team are amazing. Having talked to other offices, this one was the most responsive, caring, and downright most helpful. They are all super knowledgeable in defense and I am extremely grateful for their help. I 100% recommend and suggest you try a consultation.
    John
    "We are forever thankful to have found Randy."
    I cannot express how grateful I am to Randy and his team for the amazing job representing my dad. He was detailed, dedicated, and truly caring for my family throughout the entire process. We are forever thankful to have found Randy. It is rare to find a legal team that feels like extended family. We truly felt so cared for by him and Chris. His knowledge and expertise helped guide us through a very difficult situation and we are so happy to have found this team. I would refer Randy to anyone looking for legal representation. Randy is the best lawyer to call!!
    Julia
    "Handled my case in record time with the best possible outcome."
    Randy is awesome! I called so many attorneys and in all honesty he is such an incredible person. All of his office staff is friendly, professional and knowledgeable. He really cares about the welfare of his clients and takes time to discuss your needs in person. I highly recommend him. He handled my case in record time with the best possible outcome.
    Staci
    "⭐⭐⭐⭐⭐
    Best Criminal Defense Attorney"
    I could not be more grateful or complimentary of how Randy handled my case, as well as the easy communication and genuine care for my well-being. I could not recommend Randy more.
    Nichole
    "An Attorney I Could Trust"
    I called to inquire about a case I was facing, this was one of the many attorneys I was speaking with during a free consult about my next steps. The future was looking more and more alarming as the implications of what I was facing were becoming clear. Halfway through explaining my situation, he interrupted me and asked some basic information, put me on hold for one second and came back telling me he had called around and found out that my case was not proceeding. Four other attorneys I had spoken to did not do this, and in fact had used scare tactics and worst case scenarios to try and hard sell me into signing a retainer. (unfortunately, the evening before I HAD with another attorney signed a retainer but thats for another review) Although I did not need to retain the services of this office, I believe that single action speaks worlds about the integrity, helpfulness, intelligence and capabilities of this office. In a world that is so difficult for the uninitiated, such as the legal system, it seems people are taking advantage of you at every turn. It was a welcome and uplifting experience to see the opposite of that with this law office and I am so grateful I was able to find them and know I could call them if anything were to ever happen to me later in life and know I could trust this team.
    Chris
    "Giving Randy a shot was the best choice."
    Oh man, I thank my lucky stars for attorney Randy and his team. I was able to get a great deal and the best advice!
    Adri