If you or a loved one is facing a Probation Violation, you need the services of an aggressive criminal defense lawyer. It is often misunderstood that if you are being violated for probation that there is no help and you must accept what the probation officer recommends to the judge. Despite this misconception, you are entitled to be represented; negotiate and/or argue your side; and/or show that you did not willfully violate your probation.

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How will I know if my probation is being revoked?

A Probation Violation typically starts in one of the following manners: (1) you receive a petition to revoke your probation telling you to appear in court; or (2) your probation officer tells you he/she is referring your case for a probation violation; or (3) you are arrested on a subsequent charge while on probation; or (4) you have absconded from your probation responsibilities and there is a warrant for your arrest.

What are the reasons a Judge might revoke my probation?

If your Probation Violation is as a result of a new criminal charge, and you are on probation for a felony case, the judge has the ability to hold you without bond until you are seen by the probation court or, in some cases, until your new case is over. Thus, you should consult with an experienced criminal defense attorney immediately.
In addition to new criminal charges, there are many other reasons you might be facing a probation violation which include:
• Failing to report to your probation officer or keeping your probation officer informed of where you are living;
• Testing positive for drugs or alcohol;
• Leaving the jurisdiction without the appropriate approval or not returning;
• Failing to attend recommended treatment programs;
• Failing to maintain employment; and
• Possessing illegal substances; paraphernalia; and/or weapons.

This list is only a small sampling of the many reasons a probationer might be facing a probation violation. Thus, it is important to understand all of the conditions of your original probation in addition to any added terms of probation by your probation officer.

What is the Standard of Review for a probation violation?

The Court reviews a violation of probation under a preponderance of the evidence standard. This standard is a lower standard than it took to convict you of the crime for which you were placed on probation (beyond a reasonable doubt). The preponderance of evidence standard means a judge (not a jury) has to find that it is more likely than not that you violated a term of your probation. The typical procedure is that the county attorney will call your probation officer to testify that you failed to do something you were supposed to do; or will call a law enforcement officer to show you did not remain law abiding while on probation.
What consequences do I face for violating my felony probation?
If a judge determines you have violated your felony probation, and you were on felony probation, you could be subject to any deferred jail time that was originally ordered; jail time that was available under the plea agreement; being placed on intensive probation; or having your probation revoked and being sent to prison. It is also possible that a judge can reinstate you back on probation with no jail time but order that you comply with the original terms of your probation. Given the judge’s broad discretion at this stage of your case, you need an experienced criminal defense attorney on your side. An experienced criminal defense attorney can help you to explore all of your options; negotiate with the probation officer and/or county attorney to give you another chance and/or argue to a judge a more appropriate resolution than sending you to jail or prison.

What consequences do I face for violating my misdemeanor probation?

If a judge determines you have violated your misdemeanor probation, you could be subject to any deferred or suspended jail time that was originally ordered; and/or jail time that was available under the original plea agreement. It is also possible that a judge can reinstate you back on probation with no jail time but order that you comply with the original terms of your probation. Given the judge’s broad discretion at this stage of your case, you need an experienced criminal defense attorney on your side to explore all of your options; negotiate with the prosecutor and/or argue to a judge a more appropriate resolution than sending you to jail.

Regardless of the manner in which you find yourself facing a probation violation, you need to consult with an attorney immediately. Do not admit to a violation of probation before exploring all of your options with an experienced criminal defense attorney.

At Castillo Law, Cindy Castillo offers free consultations and affordable yet quality representation with proven results. She is highly trained in all areas of criminal law.

Call Castillo Law for a Free Consultation 24/7 at (480) 206-5204.  Se Habla Español.