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Understanding Probation Violation Hearings in San Diego County and What it Means to Violate Probation
It is more common that you think that people will violate at some point while on probation. The probation department in San Diego will find any way possible to violate you on the terms and conditions of probation.
What is Probation in San Diego County?
Probation is a form of supervisory sentencing that a judge may impose instead of jail time that can be informal or formal. Most informal probation requires no checking in with a probation officer and is often times referred to as summary probation. The only way to violate summary probation is by picking up a new criminal case. While formal probation has more stringent terms that needs to be followed for an extended period of time where a probation officer meets with the individual on a monthly basis to verify if everything is being completed. This may often require drug classes and urine tests to be in compliance with probation.
How long is Probation in San Diego County?
Probation does vary but often times last anywhere from 3 years to 5 years in San Diego. It may be broken into formal and informal during parts but you always have an opportunity to terminate probation early under Penal Code 1203.3 if you at least halfway done with no violations.
How does Someone Violate on Probation in San Diego County?
There are many ways someone may violate the terms and conditions while on probation in San Diego. The most common ways are as follows: failure to pay fines; failure to appear at probation office for check-in; failure to comply with a court order; committed a new crime while on probation; not submitting to drug tests, or testing dirty on drug tests.
These are some of the many ways that you may violate while on probation. If you are determined by probation as being in violation, then will request that the court issue a warrant for your arrest to be sentenced on the probation violation. As an experienced criminal defense attorney, we are highly skilled at clearing warrants for possible warrants issued as well as get you out of custody if you are arrested for a probation violation.
The probation office will ask the court for a recommended sentence for the probation violation. It is your attorney’s job to try and get you reinstated on the same terms and conditions of probation even after the violation. Additional classes or community service or fines paid would be helpful in making arguments on your behalf before going in before a court to make a final decision in your case.
What will happen at the Probation Violation Hearing in the San Diego Court?
A superior court judge will hear the merits of the probation violation to determine if there is clear and convincing evidence that you in fact violated the terms and conditions of probation. It is possible to ask for a probation modification at that hearing or ask for an evidentiary hearing to cross-examine witnesses that will be testifying against you. If you waive the evidentiary hearing, then you will be required to argue for a minimal sentence and counter the recommendation from probation. Often times probation will generate a report at that initial hearing as to what they think an appropriate sentence would be under the circumstances. It is important to hire an experienced lawyer who can make the determination of whether or not a sentence is not greater than necessary to achieve a punitive sanction that will not result in extra time in custody for minimal conduct. Most of the time these probation violations do not result in additional crimes being charged. However, it is important to put a mitigation packet together for the court to consider all the positive influences in your life such as resume, character letters, and additional classes if necessary to show you are going above and beyond what is asked from probation to rectify the reasons you find yourself in the San Diego judicial system.
If you have questions about your probation violation hearing in San Diego, feel free to contact San Diego Criminal Defense Attorney Vik Monder at 619-405-0063 or visit San Diego Criminal Defense Attorney