{"id":3239,"date":"2013-04-03T19:57:54","date_gmt":"2013-04-03T19:57:54","guid":{"rendered":"http:\/\/www.markagallagher.com\/socaldefenselawyers\/will-getting-my-case-dismissed-make-my-probation-violation-go-away\/"},"modified":"2020-10-30T20:49:24","modified_gmt":"2020-10-30T20:49:24","slug":"will-getting-my-case-dismissed-make-my-probation-violation-go-away","status":"publish","type":"post","link":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/will-getting-my-case-dismissed-make-my-probation-violation-go-away\/","title":{"rendered":"Will getting my new case dismissed make my probation violation go away?"},"content":{"rendered":"

\"California<\/a>I practice criminal defense in Los Angeles, Orange County, and everywhere else in Southern California. \u00a0 Like a true Sureno, I handle everything south of Bako. \u00a0 A question that comes up quite is bit deals with clients facing a probation violation in connection with a new case. \u00a0 \u00a0 The most common scenario involves a situation where the new case is a small issue such as a petty theft, driving on a suspended license, hit and run, etc. \u00a0 \u00a0The client will be facing minor penalties such as fines, or community service on the new case, but the BIG issue is the probation violation. \u00a0If you are on probation for any crime in California, you have jail or prison time hanging over your head. \u00a0If you comply with all of your terms and conditions of probation, you stay out of custody, but if you violate, you could face the time. \u00a0 And it’s very common in California criminal courts to sign “deals with the devil” (aka joint suspended or execution of sentence suspended) where there is a very large prison term of say 5 to 10 years hanging over your head.<\/p>\n

So in this situation, the penalties for the new case aren’t the problem, the probation violation is the problem. \u00a0And the question becomes, “how do we avoid the violation?” \u00a0 The natural progression is to focus on making the new case go away. \u00a0 This could be done through a civil compromise, other corrective measures, creative plea deals, a not guilty verdict at trial, diversion programs, motions for illegal search and seizure, the list is endless. \u00a0 \u00a0 But the question remains, if my new case goes away, does the probation violation go away too?<\/p>\n

The answer is “it depends”<\/p>\n

Getting the new case that is the basis for the violation dismissed in whatever fashion does not guarantee the probation violation goes away. \u00a0 The court or prosecutor could still proceed on the violation independently of the new case and if the standard is met the violation stands. \u00a0 This is because the basis for the violation, presumably “violate no law” does not need to be proven by the same standard as the new case. \u00a0Client is entitled to proof beyond a reasonable doubt and a jury trial on the new criminal charge. \u00a0Client only gets preponderance of the evidence and a bench trial for the probation violation hearing. \u00a0 Another issue is the relaxed evidentiary standards at probation violation hearings regarding hearsay and other issues.<\/div>\n
<\/div>\n
Now in reality, getting the new case dumped will often make the probation violation go away too. \u00a0 So get the civil compromise, or win the Serna motion, get an infraction, or whatever you can on the new case to make it go away and most times the probation violation just disappears and the court finds no violation. \u00a0But if you get an overachieving Judge, DA, or probation officer, they may elect to proceed anyway on the violation. \u00a0At that point you can proceed with Probation Violation hearing to see if violation can be proven by standard above-bench trial, preponderance, relaxed evidence standards for hearsay, etc.<\/div>\n
<\/div>\n","protected":false},"excerpt":{"rendered":"

I practice criminal defense in Los Angeles, Orange County, and everywhere else in Southern California. \u00a0 Like a true Sureno, I handle everything south of Bako. \u00a0 A question that comes up quite is bit deals with clients facing a probation violation in connection with a new case. \u00a0 \u00a0 The most common scenario involves…<\/p>\n","protected":false},"author":2,"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":[22,6,81,24,9,86,75,63],"class_list":["post-3239","post","type-post","status-publish","format-standard","hentry","category-california-criminal-law-blog","tag-criminal-defense","tag-criminal-law","tag-felony","tag-gallagher","tag-lawyer","tag-misdemeanor","tag-probation","tag-sentencing"],"_links":{"self":[{"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/wp\/v2\/posts\/3239","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\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/wp\/v2\/comments?post=3239"}],"version-history":[{"count":1,"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/wp\/v2\/posts\/3239\/revisions"}],"predecessor-version":[{"id":5438,"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/wp\/v2\/posts\/3239\/revisions\/5438"}],"wp:attachment":[{"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/wp\/v2\/media?parent=3239"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/wp\/v2\/categories?post=3239"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/wp\/v2\/tags?post=3239"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}