carlsbad defense lawyer

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

Prior to the U.S. Department of Justice uncovering a history of racial profiling and discrimination in Ferguson, MO, a group of attorneys filed suit claiming that municipal courts in the town were arresting and imprisoning a large number of people for unpaid traffic tickets and other minor offenses. In 2013, 33,000 arrest warrants were issued for residents, earning the city $2.6 million. Ferguson is not the only town in America profiting off of residents’ debt. This is a problem here in California as well. Four million people in the state have suspended licenses for failing to pay citations, and are deeply in debt because of this.

Traffic Courts & Inequality

A coalition of civil rights groups issued a report entitled “Not Just a Ferguson Problem: How Traffic Courts Drive Inequality in California.” The report found that a driver who commits offenses as small as littering or driving without a seatbelt is subject to a $490 fine. Many Americans are not able to afford such a fine, and if the driver does not pay the fine in full quickly enough or misses a court appearance; the punishment is a suspended license. This creates a real problem for many Californians – they only way they can pay off their fine and lift the suspension on their driver’s license is to drive without a license to work. They then risk even more fines ($300-$1,000) and six months in prison for getting caught driving with a suspended license. This creates a cycle of debt that many are unable to break.

Articles Tagged with carlsbad defense lawyer

Understanding Probation Violations in California

Events in Ferguson Shine Light on a California Problem