When a conviction for a criminal violation is all but guaranteed due to overwhelming circumstantial evidence against the defendant, a skilled criminal defense attorney may still be able to work with the prosecution and the court to secure probation. Instead of being sent to jail or state prison, someone who is granted probation is permitted to remain home and live their life normally, as long as they follow a strict set of rules. The regulations outlined in probation are unique to each case, being created for the defendant’s situation in particular.
A general outline of possible probation requirements could include:
- Not being detained, arrested, or charged for any reason.
- Attending all scheduled court dates in the future.
- Meeting with a probation officer once or twice a month.
- Completing behavioral correction courses.
- Passing any regular and random drug and alcohol testing.
- Surrendering and not using any firearms.
- Paying all restitutions, fines, and fees.
- Not spending time with particular individuals, such as for gang crime convictions.
Probation periods usually last as long as incarceration could have lasted if it was used in sentencing. As such, you should expect probation to last at least one year. If a single probation requirement is ignored or incorrectly fulfilled in that time period, then the defendant can be accused of violating probation.
If convicted of a probation violation, the penalties can include:
- Probation duration extension.
- Must complete probation remainder in jail or prison.
- Additional fines and/or community service work.
Defending Yourself from Probation Violation Accusations
In many situations, probation regulations are inadvertently violated because they are so numerous and so intricate. It becomes difficult for the defendant to keep track of what they can and cannot do. However, accidental violation of probation rules is no different from intentional violations in the eyes of the law.
No matter the reasons as to why you are now being accused for violating your probation, you need to take the situation seriously. Call (707) 418-5352 to connect with the Law Offices of Evan E. Zelig, P.C. and our criminal defense attorney in Santa Rosa. Using more than a decade of legal experience focused on criminal defense, we can come to your aid and guide your case to success.