Riverside Probation Violation Defense Attorney
Understanding Probation Violations
Understanding probation violations is very important if you have been accused of, are under investigation for or have been charged with violating the terms of your
probation in California. As part of sentencing for a criminal conviction, an individual may receive probation instead of a jail/prison sentence or just following imprisonment. Probation allows for a convicted criminal to live as a member of his or her community while performing community service and/or attending counseling and abiding by the terms of his/her probation. This is all done in an effort to rehabilitate the convicted individual and bring him/her back into the community where he/she will then be able to make decisions free of criminal behavior. Probation is given in both misdemeanor and felony cases and can last for up to 5 years, depending on the nature of the crime committed.
Informal or
formal probation may be handed down by a state or federal criminal court judge in California. Informal probation is also known as summary probation or unsupervised probation. Informal probation requires that a defendant follow the terms of his or her probation and stay away from any type of criminal activity or behavior. A person placed on informal probation would most likely be placed on probation for up to 3 years and would not have to report to a probation officer. A person placed on informal probation will also be required to waive his/her 4th amendment rights, stay away from locations serving alcohol and would not be allowed to own or purchase any type of firearm or ammunition for the length of his/her probation period.
Types of Probation
There are a few different types of formal probation that may be given to a person convicted of a crime. For more serious offenses, a person may be given intensive probation, otherwise known as house arrest. A person placed on house arrest would be required to serve out his/her sentence at home and wear an electronic monitoring system such as an ankle bracelet that has a GPS tracking system showing his/her whereabouts at all times. It would also notify law enforcement if the person leaves his or her home without prior permission. House arrest also requires random visits and drug testing by a probation officer. As a person gives up his/her 4th amendment rights under this type of probation, if he/she violates the terms of the probation agreement he/she will most likely be immediately arrested and sent to jail or prison for the remaining time of their initial sentence; or in some cases may receive additional sentencing due to the violation.
Instead of intensive probation, a person may be given standard or high supervision probation. Standard probation requires that a person report to a probation officer every three months to determine if he/she is remaining a law-abiding citizen and is on the road to rehabilitation into the community. High supervision would require that a person meet monthly with a probation officer and perform mandatory community service. Both standard and high supervision probation also require random drug testing, waiving a person’s 4th amendment rights, giving up the right to own or purchase a firearm and would also allow for random visits by a probation officer.
Riverside County Probation Violations
The following are the most common probation violations:
- Failing drug testing
- Committing an additional crime
- Being placed under arrest, even if charges are dropped
- Associating with known criminals or gang members
- Failure to appear in court
- Failure to perform community service
- Failure to pay a fine or restitution
- Failure to report to probation officer
- Possession of firearms or ammunition
- Possession of a controlled substance/drug
Riverside Probation Violation Defense Attorney
Any type of probation violation is serious. Regardless of whether you are on formal or informal probation you should contact a Riverside probation violation defense attorney immediately if you have been accused of a probation violation. By providing yourself with legal representation you may be able to avoid harsh penalties and may avoid being sent back to jail or prison altogether. At the Law Offices of Gregory H. Comings, as board-certified lawyers we provide clients with exceptional legal experience and skill when representing a client in a Riverside probation violation case. After meeting with you, a Riverside probation violation attorney at
our firm will explain what they feel should be the next step for your case. In addition, a Riverside probation violation lawyer can immediately explain your rights to you and how we can protect you.
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