Probation Violation Attorney In Oakland, California

Probation can be a blessing or a curse, depending on how you approach it. On the one hand, it's a chance to avoid jail time and keep your record clean. On the other hand, it can be a minefield of rules and regulations that, if violated, can send you straight to incarceration. If you find yourself in the latter category, don't despair.

I'm here to help! As a qualified probation violation attorney in Oakland, California, I know how to help you avoid probation violations in the first place and what to do if you slip up. Contact my firm, Darryl A. Stallworth Law Office, for trusted legal assistance and advocacy.

Common Ways Probation Is Violated

Probation is not a free pass after you’ve committed a crime. It’s a set of rules and requirements that you must follow to stay out of jail. Probation violations come with heavy consequences, including legal penalties and jail time.

Here are some of the most common ways people violate their probations:

• Failure to Report to a Probation Officer: One of the most important conditions of probation is reporting to your probation officer on a regular basis. Failure to do so can result in a probation violation.
• Failure to Pay Fines: If you’ve been convicted of a crime, you may be required to pay fines as part of your sentence. Failure to pay these fines can result in a probation violation.
• Failure to Appear for a Court Date: It’s important to show up for all scheduled court dates as a condition of your probation. Failure to appear can result in a probation violation and may also lead to your arrest.
• Traveling Outside the Area Without Permission: If your probation stipulates that you need permission to leave a designated area, make sure you get permission before you travel.
• Arrest for an Unrelated Crime: If you are arrested for an unrelated crime while on probation, you may be in violation of your probation. Even if the crime is minor, it’s important to report any arrests to your probation officer.
• Failure to Complete Community Service: If community service is part of your probation sentence, make sure you complete it on time.
• Consumption of Intoxicants: If your probation sentence prohibits the consumption of alcohol or drugs, make sure you don’t violate this condition. Random drug and alcohol tests may be administered.
• Associating With Known Criminals: If your probation sentence prohibits you from associating with known criminals or individuals with a criminal record, make sure you stay away from these individuals.
• Possession of Weapons: If your probation sentence prohibits you from possessing weapons, make sure you don’t violate this condition.
• Failure to Complete Counseling or Treatment: If counseling or treatment is part of your probation sentence, make sure you complete it on time.
• Violation of Curfew: If you have a curfew as part of your probation sentence, make sure you adhere to it.

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Types Of Violations

There are two major types of probation violations: substantive violations and technical violations.

Substantive Violations

These violations involve committing a new crime while on probation.

For example, if you're on probation for DUI and get caught driving under the influence again, you'd be in violation of your probation.

Other examples of substantive violations include assault, theft, and drug offenses. If you do commit a substantive violation, you'll likely have to go back to jail and serve the remainder of your original sentence.

Technical Violations

Technical violations don't involve committing a new crime, but rather, breaking the rules of your probation.

Examples of technical violations include missing a meeting with your probation officer, failing a drug test, or traveling out of state without permission. While technical violations may not seem as serious as substantive violations, they can still result in consequences like community service or jail time.

Consequences Of Probation Violations

Breaking probation can lead to severe consequences. Let's explore what happens when you violate your probation.

Warning Or Request To Appear In Court

The first consequence of violation is receiving a warning or notice to appear in court. When you are given probation, you are given a specific set of requirements that you must meet, such as attending counseling or staying away from certain individuals.

If you fail to meet these requirements, a probation officer may issue a warning or notice to appear in court.

This typically alerts the individual to take the necessary actions to rectify the issue, such as completing counseling sessions or staying away from negative influences. The intent is to get the individual back on track with probation requirements and avoid further consequences.

Determination Of Violation

If a warning or notice goes unheeded or the violation is more severe, such as committing a new crime, a probation officer may file a report with the court. The court will then determine whether there has been a probation violation.

This phase involves a fact-finding process that includes a probation violation hearing where the accused is expected to present their case. Failure to attend the hearing could result in a default judgment against you.

Sentencing

If there is a determination of a violation, there is no fixed penalty. Sentencing varies according to the severity of the violation and whether there has been a history of violations. Unfortunately, the sentences for probation violations can be more severe than those for the initial crime.

Typical sentences for probation violations include:

• Extensions of the probationary period
• Additional probationary stipulations
• Community service
• House arrest
• Fines
• Incarceration

Probation Violation Attorney Serving Oakland, California

If you’re facing a potential probation violation charge anywhere in Northern California, it’s important to take immediate action and contact an experienced criminal defense attorney. From the initial consultation to the courtroom verdict, my team and I will work closely with you to make sure your rights are properly protected. Contact Darryl A. Stallworth Law Office in Oakland, California, today so I can protect your rights and defend your freedoms.