If you were charged with a crime and ultimately convicted, you may have been able to avoid jail time as a punishment and instead have been put on probation. Essentially, probation defines specific terms that you must follow during a certain duration of time so you can stay out of jail. Usually, people will select probation over prison time if they have the choice. No one really wants to have to live any amount of time in a cell and away from loved ones.
The thing about probation is it is still a punishment for a crime. As a result, it is essential that if you are on probation, you do everything you can to follow the rules. Failure to do so could result in serious consequences.
Read on as our California criminal defense attorney, William Bruzzo, discusses the implications that can come with a probation violation in California.
Repercussions that May Come with a Probation Violation in California
If you violate the terms of your probation in California, you will have done so either by way of a technical violation or a substantive violation. There is a difference between the two.
A technical violation is one where an individual does not comply with specific terms of their probation agreement. For instance, if you must take drug tests to keep you from doing drugs, but you fail a test, then this is a violation of your probation agreement.
A substantive violation is one where, while you were on probation, you committed a new crime. Substantive violations are the most severe types of infractions.
The penalties for violating probation can vary. There are several factors that can influence what will happen when probation violations occur. Some of these considerations include the discretion of the judge reviewing the situation, how egregious the violation is, why the violation happened, and the criminal history of the individual on probation.
Any of the following may result when a probation violation takes place:
- A person may be taken off probation and have to fulfill their initial sentence.
- Probation time may be extended beyond the original sentence.
- Fines may be imposed.
- The terms of the probation agreement may be adjusted and become more severe.
What to Expect When You Violate Probation in California
After your probation officer has identified a violation, they will inform you of the problem. If they are unable to find you, a warrant for your arrest could be issued.
You are entitled to a hearing. At the hearing, a judge will use the information presented to them to determine whether a violation took place.
After the judge takes in all of the information, they will make a decision. You will either avoid penalties if they decide you did not violate your probation, or they will hand down penalties for your violation.
Speak to a California Criminal Defense Attorney Today
If you were able to secure probation over jail time when you were convicted of a crime, you mustn’t lose it or put yourself in a position to suffer even further criminal penalties. However, if you are facing a probation violation hearing, an attorney can help you get through this legal challenge.
Please call our Orange County criminal defense lawyer at the Law Offices of William W. Bruzzo at (714) 547-4636 to learn more today.