If an individual is being charged with a criminal case, there is always a chance that the judge is going to order probation. There is a genuine myriad of criminal case types and some of those imply probation. One way or the other, probation, although not the most convenient sentence, is a far better option than some of the standard sentences that may even include prison time.
With that said, there are two types of probation a criminal court can order – informal probation and formal probation. If a person committed a misdemeanor offense, chances are, he will be sentenced to informal probation. Petty theft will imply informal probation, which means that the offender will be unsupervised. However, if we are talking about felonies, such as hit and run, formal probation comes into play. This is when the offender will need to check up with his probation officer. Furthermore, this type of probation may be applied after serving the jail sentence, depending on the circumstances.
Generally speaking, there are two types of probation violation (PENAL CODE SECTION 1191-1210.5) - external and internal violation. If a person fails to pay a fine, to submit him or herself to obligatory awareness classes, fail a drug test or will not meet his or her probation officer, it is considered an internal probation violation. However, if the offender is going to commit a similar crime during his or her probation period, it is considered an external probation violation.
If a person is going to violate the terms and conditions of probation, the judge will issue a warrant for his or her arrest. At times, a person is going to receive a notice about it, but in most cases he or she will simply be arrested. Furthermore, the judge is not obliged to reinstate probation and may or may not add new probation conditions or sentence the person to jail. The sentence will very much rely on what type of probation condition the individual failed to follow and the judge is going to base his verdict on it. For instance, an individual, who simply forgot to pay a small fine, is going to be judged mildly, whereas a person, who did not present himself for jail time is going to receive a much harsher sentence. People, who did not complete the obligatory classes, are going to have a whole lot more trouble than those, who failed to pay a fine on time.
In the end, if you or your loved ones were accused of probation violation, it is absolutely crucial to get in touch with a qualified as well as genuinely experienced Los Angeles criminal defense attorney at the earliest opportunity. He will appear in court on your behalf and will do his very best to reinstate your probation in order for you to avoid all the harsh legal consequences. He is going to work with the judge and prosecution to minimize the sentence or to get the case dismissed to begin with.
Arrested for a violating your probation? Contact our law firm immediately to avoid harsh penalties!
Law Offices of Criminal Experts, criminal defense lawyer in Los Angeles
If you have committed a criminal offense and were caught, you will be convicted in accordance with the Penal code, depending on what type of crime you have committed. Criminal conviction in your records will not help you in finding a job or renting a real-estate property. Most employers are very suspicious and will not want to hire people with criminal records. Same goes for the landlords.
Still, after you were already convicted, there is a chance to seal your criminal records through expungement. It is a great opportunity to hide your criminal records from the potential employers and landlords. However, if you have managed to violate your probation, you may not be eligible for expungement to begin with. Yet, if that is the case, do not despair – all is not lost. There is always a possibility to make things right, but in order to do so, you will first need to hire qualified as well as experienced criminal defense lawyers, who will have the skills and the expertise to sort things out for you.
When it comes to expungement and probation violation, the judge will usually take into consideration several important details. First of all, the type of the crime that you have committed. The verdict will very much depend on its severity. Furthermore, the court will also consider how exactly you have managed to violate your probation, in what way that is. For instance, if a person was convicted for a minor crime, such as the drunk and disorderly conduct, he or she will have more chances to get the expungement than the person who committed a serious DUI (driving under the influence of drugs or alcohol) crime. Besides, if you have only violated a single requirement of your probation, you will have more chances to get the expungement than if you have violated several of them.
In addition, the court will also need to consider all the evidence that would prove that you actually deserve a second chance and that you are the kind of person that repents for his or her mistakes. In this case, you will need to count on your friends and loved ones, who will need to testify and write certain letters about you and your positive qualities. Still, it is crucial to have a good Los Angeles probation violation attorney so as to prove that you are actually worthy of a second chance and that you deserve the expungement.
If you are looking for a reliable way to deal with your criminal records, remember that expungement is the very best alternative to date. If you wish to be eligible for the expungement, you must adhere to all the requirements, terms and conditions of the court imposed probation. Still, even if you have managed to somehow violate it, do not hesitate to get in touch with a good lawyer at the earliest opportunity and you will definitely not be disappointed.
An experienced Los Angeles criminal defense attorney will do his very best to come up with a solid defense strategy and will help you get out of this situation with clean criminal records so as to grant you a chance to reintegrate back into the civilized society, without having to look back on your crimes.