Probation Violation Lawyer in Santa Ana

California Penal Code § 1203.3 allows courts to change or revoke your sentence suspension if you violate probation. This means that you could be forced to carry out the original sentence, which often means imprisonment.

Probation in California

State law allows you to be arrested for violating your probation. There are numerous ways this can occur, many of which are specific to the terms of each case. If you are suspected of a crime while on probation, that is a violation, as well.

There are three types of probation in California – informal, formal, and DUI.

Informal Probation

Informal probation, also known as misdemeanor or summary probation, is generally unsupervised and minimally restrictive. People granted informal probation are not usually assigned to a probation officer, and it is possible to be granted an early release from probation.

Formal Probation

Also known as felony probation, formal probation is provided in some cases as another option to prison. Convicted felons can serve some or all of their sentence under supervision in formal probation. Regular check-ins with a probation officer are required, and there are also usually other terms like community service. Formal probation lasts three to five years in most cases.

DUI Probation

People convicted of driving under the influence (DUI) may also receive a special type of probation. The terms will vary depending on whether it is a first or repeat offense, but general terms include three to five years of informal probation and agreeing not to drive with any measurable blood alcohol concentration. Repeat DUI convictions will result in steeper probation terms, including driver’s license suspension and mandatory alcohol program.

Regardless of the type or the specific terms, it is crucial to follow the rules to avoid facing criminal charges for violation. However, if you have been accused of violating your terms, a probation violation attorney with extensive experience can review your case and represent you at your probation revocation hearing.

Consequences of Probation Violation in Orange County

If you are suspected of violating probation, you will need to attend a probation violation hearing, at which a judge will decide what penalties you will face for your alleged violation. This type of hearing differs from a criminal trial, and knowing how to prepare for and navigate these violation hearings is crucial. A probation violation lawyer in Santa Ana can appear in court with you to defend the violation charges and fight for a positive outcome.

Being afforded probation instead of a jail or prison sentence is an opportunity that not everyone is given, and violating the terms can suggest that probation is not a good option for you. Probation violation charges should be taken just as seriously as any other criminal case, which means a trusted criminal defense lawyer and a strong defensive strategy are important.

Probation violations can lead to your probation being terminated or stricter terms being instituted going forward. You may also have to serve time for violating probation. However, with a criminal defense lawyer working on your behalf, there is a higher likelihood that you will be granted a more lenient decision.

Impose Original Sentence

If you were granted probation as an alternative to serving part or all of your sentence, a violation may lead to the imposition of your original sentence. For example, if you were sentenced to three years in jail, but the judge suspended that sentence in favor of probation, you could end up serving that time after a probation violation.

Increase Punishment

Not only can a judge order the original court order to be carried out, but they can also impose the maximum sentence for your original conviction.

Stricter Probation

Jail time isn’t the default solution to probation violations. You may also receive stricter or more punitive probation terms. The length of probation can be extended, or terms may be added if the judge feels that is necessary.

Having to face the possibility of a jail sentence after believing you were past that outcome can feel devastating. Our criminal defense lawyer in Orange County is ready to advocate for you in your court hearing and help you avoid the worst-case scenario. The Law Office of Sheny Gutierrez provides a free confidential consultation to defendants accused of probation violations.