Probation Violation Lawyer
We aggressively defend our clients throughout Southern California who have warrants or probation violations. We advise our clients to take care of these issues as soon as possible, to avoid being arrested when bail or a courtroom defense has not been arranged. You will sleep better when you take care of these outstanding problems, and go to court with a legal strategy and defense evidence, which will rebut unfounded accusations. You need experienced counsel with proven results to defend you in sensitive situations which may carry substantial jail or prison time.
You may have failed to appear for a new case or probation matter. Failing to appear or failing to comply with a lawful Court Order will result a warrant for your arrest to be issued. We will assist you in clearing up the warrant as soon as possible.
We work on removing warrants before a client even appears in court, depending on the type of charges and amount of bail set. Even where a client has already been arrested for a warrant, we will go to court to obtain bail and get our client out of custody.
Judges and Prosecutors always appreciate Clients voluntarily coming into Court making a "good faith" effort to correct this problem regardless of how long it has been since the warrant or failure to appear was issued.
Probation violations are particularly serious for several reasons. First of all, when someone is charged with a violating their probation, the only relevant issue is whether or not the person violated a general or special condition imposed by the judge at sentencing. It is no longer important whether or not the person committed the underlying crime, has a defense to the underlying crime, or took a plea out of convenience. Moreover, the person is facing the same punishment he or she could have received originally when they were accused of the crime.
For example, if someone pled no contest to a felony and is charged with a probation violation, they would face up to three to five years in state prison. Another distinguishing factor of a probation violation is that the judge is the trier of fact-not a jury. Additionally, the prosecutor only has to prove that somebody violated their probation or community control by a preponderance of the evidence. This is in contrast to the higher standard of proof beyond a reasonable doubt used in criminal cases. For these reasons it is absolutely imperative that a person charged with a violation of probation have an aggressive and experienced attorney to represent them.
People who are felony or misdemeanor probation who fail to comply with conditions of probation may face a revocation of their probation which might result in jail or state prison. These kinds of violations can often be successfully defended, but only a truly experienced lawyer will know which strategies to pursue a defense to a possible probation violation. California Penal Code 1203.3 PC allows a judge to terminate a defendant's probation early.
Aggressive Legal Representation
We will aggressively defend a claim of probation violation. If the client did not fail to comply with the conditions of probation, the client must work closely with his attorney and provide him with witnesses and other kinds of proof which the attorney can skillfully use in defending the client against the alleged probation violation. A probation violation hearing will be held, and we will present evidence in your defense to avoid a finding that you violated your probation. If the client has failed to comply with a condition or conditions of his probation, he or she must work closely with his lawyer to provide an acceptable explanation for why the client has failed to comply with his condition or conditions of probation.