When a person is charged with a Los Angeles Criminal case they are required by state law to be placed on Probation depending on the offense. There are over 100s of different offenses in the California Penal code and each will yield difference consequences. Potential sentences may include jail time, a fine to be paid, education classes to be completed, and/or restitution.
The sentence will include one of two types of probation, informal and formal. Informal probation is generally the case for misdemeanor charges. Petty theft will generally be given informal probation which is unsupervised. Formal probation on the other hand requires that a person check in with a deputy probation officer and is strictly enforced. Charges like felony hit and run, or theft will require formal probation after a jail sentence has been served.
There are two type of probation violations: external and internal. An internal probation violation results when a person fails to complete required education classes, pay a fine, fail a required drug test or fail to report to a probation officer ( in cases of formal probation). An external violation results when a similar crime is committed within the probationary period.
When probation has been violated a warrant is put out for the person’s arrest. Sometimes the court will send out a notice, but oftentimes there is no notice, just an arrest. The judge is not required to reinstate the probation and has the discretion to add additional sanctions for the violation, including jail time. The importance of the probation term which the person failed to complete will have a direct correlation to the consequence of the particular probation violation. For example, someone who failed to pay a fine is in a better situation than someone who didn’t report for jail time. Similarily, someone who fails to complete an ordered Anger Management class will have a very serious violation on their hands.
An experienced Los Angeles DUI attorney has appeared on hundreds of probation violations cases and knows exactly how to prepare a powerful argument playing up the positive aspects of the terms you did comply with. At Hoffman and Associates, we appear on your behalf in front of the judge, decreasing the possibility of being arrested in court and showing the judge a familiar face that carries with it a solid reputation established through 30 years or practice.. One of our most recent clients with a probation violation got the probation reinstated without additional sanctions or any jail time. Contact our office for a consultation without cost of obligation and learn what we can do for you!