The grounds for violating probation fall
into several distinct catagories:
1.) A charge of a new criminal offense, separate
from the original case which is now the subject of an alleged violation
of probation. Even if the new offense is not actually charged by the
District Attorney as a new case, the facts of the new incident may be
used to support a violation of probation.
2.) Failure to appear for a variety of court-required
appointments such as further court appearances, sheriff's work
alternative program (SWAP), AA meetings and proof thereof, and worst of
all, missing an appointment with your probation officer.
3.) Failure to pay your fine or to enroll or complete a
court-required rehabilitation program (such as a Drinking Driver
program).
Probationers are entitled to a court hearing with many of
the same rights that one has in a criminal jury trial, but not all.
Probationers are not entitled to a jury, they may be held longer in
custody before any hearing takes place, and the burden of proof on the
government is lower, thus making the violation is easier to prove
against you.
DUI probation violations are the most common, if for no
other reason than their relative number compared to other cases. If the
alleges violation involves a new episode of the client drinking and
driving, the punishment may result, in the worst cases, in sentences of
ninety (90) days or more of real jail time.
In the case of a felony probation, the client faces the
possible revocation of the original probation and a sentence to a number
of years in the State Prison.
A Violation of Probation case requires the same diligent
and competent defense as any new case. I have handled hundreds of
probation violation matters with excellent results. My goal, as with a
new case, is to reduce or eliminate your exposure to real jail time to
the best of my ability.
If you, or a loved one, are facing an alleged Violation of
Probaton, please call for an appointment so that we may discuss the
ways that the violation might be mitigated or even dismissed.
DISCLAIMER: ACCESSING THE INFORMATION
ON THIS WEBSITE AND/OR TRANSMITTING ANY CASE INFORMATION WHATSOEVER VIA
TELEPHONE, EMAIL, OR BY ANY OTHER MEANS DOES NOT CREATE OR IMPLY ANY
ATTORNEY-CLIENT RELATIONSHIP. NO ATTORNEY-CLIENT RELATIONSHIP ARISES OR
EXISTS UNTIL YOU HAVE ENTERED INTO A FORMAL RETAINER AGREEMENT WITH
ATTORNEY MICHAEL ROSS. NO ATTORNEY CAN GUARANTEE THE OUTCOME IN ANY
CRIMINAL CASE. TO AVOID DAMAGING YOUR CRIMINAL CASE IRREVERSIBLY, YOU
MUST CONSULT WITH AN EXPERIENCED CRIMINAL ATTORNEY AS SOON AS
POSSIBLE. THIS WEBSITE IS INTENDED ONLY TO PROVIDE INFORMATION TO THE
GENERAL PUBLIC. ANY INFORMATION CONTAINED HEREIN IS NOT INTENDED FOR
USE AND SHOULD NOT UNDER ANY CIRCUMSTANCES BE USED OR RELIED UPON IN THE
APPLICATION TO ANY ACTUAL CASE. ALL INFORMATION WILL BE HELD STRICTLY
CONFIDENTIAL WHETHER OR NOT YOU RETAIN MICHAEL ROSS AS YOUR ATTORNEY.