Wednesday, July 24, 2013

Have You Been Charged With A Probation Violation?

In Orange County or Los Angeles County, if you have been convicted of a crime Misdemeanor or Felony, you were most likely assigned a probationary period of three (3) years. During this time there are a number of rules, which if violated, could result in you being charged with a Probation Violation.

There are two (2) types of Probation: Formal and Informal.

Examples of some of the terms required while on Probation are:

  • Violate no laws 
  • Obey all orders, rules, regulations, and directives of the Court, Jail and Probation 
  • Submit your person and property to search and seizure at any time of the day or night by any law enforcement officer probation officer, or mandatory supervision officer without a warrant, probably cause or reasonable suspicion. 
  • Submit to drug testing 
  • Use your true name and date of birth at all times 
  • Disclose terms and conditions of probation when asked by law enforcement 

Formal Probation is generally ordered when someone has been convicted of a Felony. On Formal Probation you must report to a probation officer, and if you are violated on probation a judge can sentence you to state prison.

Informal Probation does not require you to report to a probation officer, and is relatively easy to complete without much effort.

A probation violation can stem from a new law violation. But often times Probation Violations consist of:
  • Failure to appear in court 
  • Failure to check in with your probation officer. (there are several defenses for this like school, work, or medical appointments) 
  • Missing court ordered payments (often times this comes down to an inability to pay with no communication. An attorney can get a payment play set up, and may not cause to you to be violated)
  • Associating with the Wrong People ( you can’t always help who shows up where you go- especially as a juvenile. A skilled attorney can speak to probation and the judge about this accusation without you having to admit the violation). 

If you or your child have been charged with a Probation Violation you should contact the Law Office of Katie Walsh (714) 619-9355. The sooner you are off probation, the sooner you can Expunge or Seal your Records.

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