Misdemeanor Probation Violations
In most cases, anyone convicted of a misdemeanor offense will be placed summary probation for a period of time. The standard length of probation is three years but can vary from one to three years depending on the circumstances of the case. Individuals placed on summary probation are not placed under the supervision of the probation department. The court places the defendant on informal probation and imposes certain terms and conditions that must be satisfied during the term of probation. If all terms and conditions are successfully completed, the probation will automatically expire at the end of the probationary period.
Probation terms can include payment of court fines, completion of public work service or community service, participation in court ordered classes and programs, and local jail time in certain cases.
Once on probation, a defendant must remain law abiding throughout the probationary period. An arrest for any new criminal charge will result in a probation revocation. The court has the discretion and authority to reinstate probation on the same terms and conditions or impose additional punishment for any probation violations.
All terms and conditions must be completed by the dates imposed by the court. Failure to do so will result in a bench warrant being issued and may result in a probation violation for which the court can either reinstate probation on the same terms and conditions or revoke probation and impose additional punishment, including jail time.
Felony Probation Violations
If convicted of a felony, a defendant can either be sentenced to prison or be given a grant of probation depending on the circumstances of the case.
If probation is granted, a defendant will usually be placed on formal probation under the supervision of the San Diego Probation Department. The length of probation can vary from three to five years depending on the circumstances of the case. The court and the probation officer can impose certain terms and conditions that must be satisfied during the term of probation.
An experienced criminal attorney can work with the prosecutor and the court to negotiate your case and obtain a favorable result. San Diego courts take probation violations very seriously. It is important that you act immediately to address the alleged violation with the court to prevent or minimize any additional actions taken by the court. An experienced criminal defense attorney understands the criminal justice system and can successfully assist you in defending a probation violation. Please call our San Diego criminal law office immediately for a free consultation at (760) 438-3636.
Contact our team of San Diego criminal defense attorneys here for a free consultation. Our Carlsbad, California DUI defense team serve all of San Diego County including San Diego, El Cajon, Escondido, Pacific Beach, Oceanside, Vista, Chula Vista, San Ysidro, San Marcos, National City, Santee, Poway, Imperial Beach, Lemon Grove, Coronado, Solana Beach, Encinitas, Ocean Beach and Hillcrest.