{"id":1200,"date":"2012-01-31T20:21:52","date_gmt":"2012-01-31T20:21:52","guid":{"rendered":"http:\/\/www.markagallagher.com\/socaldefenselawyers\/probation-probation-violations\/"},"modified":"2020-10-30T20:48:49","modified_gmt":"2020-10-30T20:48:49","slug":"probation-probation-violations","status":"publish","type":"post","link":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/probation-probation-violations\/","title":{"rendered":"Probation and Probation Violations in California Criminal Cases"},"content":{"rendered":"

\"\"<\/a>People who have plead guilty to a misdemeanor or a felony are often placed on probation. \u00a0There are many terms to probation and if all the terms are not complied with fully, a person can be charged with a violation of probation. \u00a0 As a result, their probation will be revoked; a possible consequence is jail time.<\/p>\n

 <\/p>\n

Formal vs. informal probation<\/span><\/p>\n

Formal probation requires a person to have scheduled meetings with a probation officer.\u00a0 There may also be scheduled court appearances to monitor the progress of a person.\u00a0 Depending on the offense, there may be different terms of monitoring.\u00a0 For example, a person convicted of a drug offense and placed on formal probation may have to have periodic drug tests.\u00a0 Compare this with a person convicted of a felony DUI that may be ordered to attend AA meetings.<\/p>\n

Informal Probation is also known as \u201cSummary Probation.\u201d\u00a0\u00a0 Chances are, if you have been convicted for a misdemeanor, you will be placed on summary probation.\u00a0 Summary probation is not supervised by a Probation Officer.\u00a0 Instead, the court acts as a probation officer and will call a defendant back into court when he\/she fails to comply with a term of probation.\u00a0 Many times, the probation is for violations such as breaking a law, not doing community service, and not attending classes mandated by the court.<\/p>\n

 <\/p>\n

How to prevent violation of probations<\/span><\/p>\n

It\u2019s quite simple, do what you are asked to do by the court and don\u2019t break any laws.\u00a0 This is not shocking right?\u00a0 One of the most common ways to violate probation is to not do the work release, diversion classes, or community service ordered by the court.\u00a0 Many times people are unable to pay the fees that are required to start such programs.\u00a0 Other times, people may have an emergency that came up.\u00a0 Perhaps a family member fell ill, you have no way of transportation, or you have young children that require your constant attention.\u00a0 Whatever your reason, DO NOT wait until you have passed your date to report to take care of the matter.<\/p>\n

If your program requires you to report by a certain date, DO NOT wait until that date has passed and you are on calendar for a probation violation hearing to tell your attorney that you were not able to make the report-by-date because <<\u2026insert reason here\u2026>>.<\/p>\n

Compare this with a simple analogy: If you told your mom you were going to be home for dinner at 6pm, do you call at 7pm and tell your mom you have an emergency and cannot make it to dinner on-time?\u00a0 I certainly hope not.\u00a0 You call your mom as soon as you find out that you are going to be a little late and explain the situation to her.\u00a0 In this situation, the court is like your mom, they are much more forgiving to your reasons of missing deadlines when you let them know your situation ahead of time.\u00a0 This shows the court that you take initiative and that you care about your case.\u00a0 Believe me, this can go a far way.<\/p>\n

 <\/p>\n

Consequences for probation violations<\/span><\/p>\n

The most serious consequence is that the person in violation of their probation can be looking at jail time.\u00a0 Depending on the case, the court may add additional time to your original sentence.\u00a0 The court will send out a notice to the person\u2019s last known mailing address and ask him\/her to appear in court to address the probation violation. \u00a0If you don\u2019t show up, a bench warrant may be issued.<\/p>\n

Do not wait until it is too late to address your legal problems.\u00a0 If you are having problems complying with your terms of probation, call the Law Offices of Lisa Wong <\/a>at 858-609-9664 today to see how we can help you. <\/strong>\ufeff\ufeff<\/p>\n

 <\/p>\n

Law Offices of Lisa Wong <\/a><\/p>\n

858-609-9664<\/p>\n

Lisawong@lisawonglaw.com<\/p>\n

 <\/p>\n","protected":false},"excerpt":{"rendered":"

People who have plead guilty to a misdemeanor or a felony are often placed on probation. \u00a0There are many terms to probation and if all the terms are not complied with fully, a person can be charged with a violation of probation. \u00a0 As a result, their probation will be revoked; a possible consequence is…<\/p>\n","protected":false},"author":16,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_kad_post_transparent":"","_kad_post_title":"","_kad_post_layout":"","_kad_post_sidebar_id":"","_kad_post_content_style":"","_kad_post_vertical_padding":"","_kad_post_feature":"","_kad_post_feature_position":"","_kad_post_header":false,"_kad_post_footer":false,"footnotes":""},"categories":[19],"tags":[],"class_list":["post-1200","post","type-post","status-publish","format-standard","hentry","category-california-criminal-law-blog"],"_links":{"self":[{"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/wp\/v2\/posts\/1200","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/wp\/v2\/users\/16"}],"replies":[{"embeddable":true,"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/wp\/v2\/comments?post=1200"}],"version-history":[{"count":1,"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/wp\/v2\/posts\/1200\/revisions"}],"predecessor-version":[{"id":5620,"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/wp\/v2\/posts\/1200\/revisions\/5620"}],"wp:attachment":[{"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/wp\/v2\/media?parent=1200"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/wp\/v2\/categories?post=1200"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/wp\/v2\/tags?post=1200"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}