Violated your California probation? Don’t panic. Call us, we can help.
Probation violations are serious. If you are found in violation, the judge can sentence you to jail or prison for the maximum sentence of your original case. If you ignore your probation violation, you could be sent to jail or prison for the maximum sentence of your original case.
Our attorneys can assist with probation violation litigation.
If you were placed on probation in Los Angeles County and are now accused of violating your probation you are likely facing serious consequences. It is crucial to speak with a qualified probation violation lawyer who is experienced in the County courts. Call The Law Offices of Jerod Gunsberg before the situation gets any worse.
Why Hire an Experienced Probation Violation Lawyer
Probation violation attorneys understand and will protect your legal rights. If you are accused of violating your probation, you have the right to:
- Written notice of the alleged probation violation
- The specific facts and reasons why you are accused of violating your probation
- Disclosure of all the the evidence against you
- A court hearing
You have a right to a hearing. You have the right to demand that the prosecutor present evidence to a judge that you violated your probation. You have the right to cross-examine prosecution witnesses and raise a defense, similar to a criminal trial. However, in probation violation hearings, the prosecution only need to show that it was “more likely than not” that you were in violation of your probation. That means if it is “50.1% likely” that you violated your probation, the judge can find you in violation. This is a much lower standard than “beyond a reasonable doubt” in criminal trials.
A judge can put you in jail before the hearing. If a judge feels that you will not show up to court or that you a risk to the community, he can remand you into custody (jail). If it’s a misdemeanor, the judge is required by law to set a bail (but it could be a very expensive bail). If it’s a felony, a judge can remand you into custody on a no bail hold. Again, this is why you need a qualified lawyer to represent you. On a misdemeanor probation violation, you need a lawyer fighting to get you a reasonable bail.
If you failed to complete a required class or the required number of community labor (Caltrans) hours, in many cases, we may be able to help you get an extension of your probation and get your probation reinstated. We can present information and a plan to the court and prosecutor that will help you get back on track.
If you have been arrested on a new case, in many cases, prosecutors will try to use a probation violation to keep a defendant in jail or force someone to take a bad deal on the new case. It is critical that your attorney understands how to deal with Los Angeles County prosecutors and knows what’s realistic and what’s not.
Three Common Reasons for Probation Violations
Administrative: In formal probation cases, the probationer fails to check in with the probation officer.
Failure to Comply with Terms and Conditions: A person fails to complete a required class, does not complete the required hours of community service/community labor, fails a drug test, refuses to comply with search and seizure conditions, or failure to pay fines.
Arrest on a New Offense: If you are arrested on a new offense while on probation, the prosecutor will likely ask the court to find that you violated your probation. Even if your new case is dismissed or reduced to a minor offense, the judge can still find that your conduct amounted to a probation violation. Once again, this is why you need a criminal defense lawyer who knows what he or she is doing when defending a probation violation.
Don’t wait to get arrested. Call Los Angeles probation violation attorney Jerod Gunsberg at (323) 633-3423 for a free and confidential consultation or get in touch via the secure contact form on this page. Help is available 24 hours a day, 7 days a week.