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If you have a current or past problem with a violation of probation.  Give us a call we can help you.  As a former probation officer, deputy district attorney, and a criminal defense attorney with more than a decade of experience handling these type of matters I can help you get throught this. The reason I do this job is to help people throught the worst times of there lives.  When there freedom can be in jeopardy because they are accused of a crime.

PROBATION VIOLATIONS

Probation violation cases vary widely depending on whether you were placed on Misdemeanor or Felony  Probation. 

Misdemeanor Probation

If you were placed on misdemeanor probation usually that means you were placed on informal probation. That distinction nowadays means less and less because the terms of probation have become so much more difficult.

WHAT HAPPENS IF A VIOLATE MY MISDEMEANOR PROBATION?

If you violate your misdemeanor probation it usually happense in two ways a so called technical violation, although I don't like this language and a new law violation. 

say for example your probation officer asks you to take a drug test.  And the drug test come back with the presence of cocaine.  This is a violation of probation.  Your probation officer will either take you into custody right away or place a warrant out for your arrest.  Once you are arrested you cannot bail out because you have a violation of probation hold on you when you are booked into the jail.  Sometimes you can plead to the violation of probation case and agree to a certain amount of time while you await charges on another case, so that the violation of probation case can be lifted and you can get bail. 

you can either admit to the violation of probation or you can ask for a contested hearing on the violation of probation.  At a violation of probation hearing the burden of proof is a preponderance of evidence, much like a civil case,  not the proof beyond a reasonable doubt standard, that is applicable to a criminal trial, and in an added twist hearsay is allowable in a violation of probation case.  therefore, these cases can be very difficult to win based on the lower burden of proof and the hearsay which is allowed. 

TIME CREDITS

Time credits always play a part in a violatio of probation case.  In other words for a misdemeanor case you can do up to one year in a county jail.  If you have already done a year on the case and you are on probation then you cant keep doing time for the violations of probation.  In a Felony case you would just be sent to state prision as discussed below. 

FELONY VIOLATIONS OF PROBATION 

in a Felony case the law above all applies except the consequences for violating your probation are much more severe. 

In a Felony case when you are placed on probation you are getting a suspended sentence.  For example if you are placed on probation for a home burglary,

you could be sentenced to 2,4 or 6 years in prison or you could be placed on probation. 

If you are placed on probation you could be violated.  If you are violated you could be sent to prison for any of the amounts of time specified above.  This means that your sentence is suspended not stayed but suspended, even on the first violation you could be sent to prison. Or you could be placed on probation again with the date that you are off probation extended, and you can try again. Or to stay out of prison if you are convicted of a violation you could be required to waive all your time credits.  This often happens because a person has waited so long in jail that they have used up all the time they could spend in local prison.

If you have any questions pleae give us a call 559-441-1418. 

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Gerald Schwab, Jr.

CRIMINAL DEFENSE ATTORNEY & DUI ATTORNEY SERVING ALL OF CALIFORNIA

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Law Office of Gerald Schwab, Jr.
Fresno Criminal Defense Attorney
5588 N Palm Ave,
Fresno, CA 93704
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