When a person has been convicted of a criminal charge in Los Angeles, it is likely that they will be put on probation for at least three years. As a part of the probation, the person charged will have certain conditions and requirements placed on them.
There are two types of probation:
- Formal
Formal probation is generally a part of felony convictions. It requires that the person convicted check in formally with a probation officer. It also requires that the person not leave the county or the state (depending on the terms) and may include additional provisions as well. For example, the person being charged may be required to not be under the influence of drugs or alcohol at any point, and may have to submit to random drug or alcohol testing. As with all probation, the person charged must stay out of trouble and not be charged, arrested or convicted of any further criminal charges.
- Informal
Informal probation is usually about three years and requires that a person not be charged with, arrested or convicted of any additional criminal charges. Unlike formal probation, the person is not required to check in with a probation officer and they are generally not restricted from leaving the county or the state.
There are also two types of probation violations:
- External
An external probation violation is where a person commits further criminal offenses that result in an arrest, charge or conviction. This is a violation outside of their own specific terms of probation, but a violation of general criminal code sections.
- Internal
An internal violation is a violation of the person’s specific terms and provisions of probation. For example, a person is restricted from alcohol and drug use is tested to have cocaine in their system. They are in violation of the terms they agreed to.
Probation violations are serious charges and can result in their own conviction on top of any other convictions the person may have. A probation violation has its own sentence and consequences, and can also result in probation being revoked and the sentence for the original offense that put the person on probation being increased.
If you find yourself with a probation violation it is highly advisable to hire a Los Angeles Probation Violation lawyer with years of experience. A probation violation can be dismissed if it is presented properly to the Judge and argued efficiently. Doing so will avoid a significant amount of problems for the person being brought before the Court. If you find yourself in this situation, do not hesitate and do not underestimate the potential consequences. Contact a professional as soon as possible!