Articles Posted in Probation Violation

Facing jail is an emotionally difficult experience. Knowing that probation is an option in California might put a person’s mind at ease. While many individuals elect for probation, there are many important pieces of advice that individuals on probation must remember. The following is a list of essential information regarding probation:

  • Build a Good Relationship With Your Probation Officer. Discuss any changes or unusual situations with your probation officer. Make sure that you are forthright and upfront about everything. The better a relationship you can manage to build with your probation officer, the easier the situation will proceed. If you slip up, your probation officer might be willing to cut you some slack rather than recommending the harshest possible penalty.
  • Diligently Pursue Activities. Do your best to diligently pursue the various requirements of probation and keep detailed records about all community service and job applications. If you are not particularly organized, you might want to ask a friend or family member to help you. Make sure your probation officer knows about everything.

If you have been charged with violating the terms of your probation in the state of California, you need an experienced California criminal defense attorney. An adverse determination against you could result in more strict probation terms or even the revocation of probation resulting in jail time.

Penalties for Violation of Probation

To determine the penalties for a probation violation, the court first looks to whether the probation terms pertain to a misdemeanor or felony. On the most general level, a felony is more serious than a misdemeanor. In the state of California, misdemeanor probation usually lasts between one and five years and involves performing community service and paying fines (in lieu of serving jail time). Individuals serving misdemeanor probation must periodically appear before the judge to make a progress report. This arrangement benefits both the individual and the state. For the individual, jail time is avoided. For the state, money need not be spent on jail time.

A probation violation occurs when you break the conditions of probation. This may result in serious punishment, depending upon the nature and gravity of the violation, whether or not this is your first violation, and whether there are factors that may lessen or increase the severity of the situation. The penalties that may result include (but are not limited to) extended probation period, incarceration, or monetary fines. Probation is part of the sentencing process in California, and can be a privilege that allows you to avoid or shorten jail time. The goal of probation is to rehabilitate an offender. California Penal Code 1203 is the governing law, which provides California judges with broad discretion to set probation terms on a case by case basis. Some common probation terms include:

  •         Monetary fines
  •         Abstaining from alcohol or drug use, participation in a drug or alcohol program, or drug or alcohol testing

Most people know to avoid the authorities if they are doing something illegal, but not this guy! Twenty-three year old Israel Guadalupe Garcia was taken into custody after he impaled his Toyota pick-up truck into the side of a San Diego County Sheriff’s patrol car. Garcia was originally pulled over for running a red light, but as deputies approached the truck to question him, he put the truck in reverse; crashing it into the patrol car behind him. After crashing into the patrol car, Garcia led the police on a short chase, ultimately resulting in him losing control of the truck and hitting a tree next to a home in Alvarado Terrace. Authorities were able to take him into custody and said he showed signs of driving under the influence of alcohol. Once in custody, the police checked Garcia’s criminal history to reveal his license was suspended along with numerous other arrests on his record. Luckily, no one was injured during the incident.

Sources:

“DUI Suspect Rams Sheriff’s Cruiser, Speeds Off, Crashes” – Times of San Diego

Escondido police officers along with San Diego County sheriff and probation officers conducted outstanding warrant service on 47 probationers and arrested 34. The service of the outstanding warrants started at 6:00a.m. and went through the night and fanned across San Marcos, Escondido and surrounding San Diego county areas.

The majority of the warrants were for misdemeanor cases but a few felony warrants were also served. Arrest warrants are usually in the form of a bench warrant issued by a judge for the defendant not complying his or her terms or conditions of probation.

Probation terms often include affirmative steps that must be completed by the defendant, i.e. complete a drug program or pay a fine; and other terms to preclude conduct that the defendant can not engage in. For example, don’t don’t drive a car without a drivers license or valid insurance. If the defendant does not due what he or she is supposed to do or does something he or she is not supposed to do, then a warrant can be issued for their arrest.