Probation violation: what can happen to you

The purpose of probation is to test the behavior of the criminal and his ability to become active members of the community again. When a criminal is on trial, he is ordered to follow the specific conditions laid down by the court, often under the supervision of a probation officer.

Ordinary probation will prohibit the offender from owning or using a firearm, he may have to comply with a curfew, he may have to remain actively employed and he may be ordered to live in a specific location. Generally, they will be asked to follow orders from their probation and this may include not leaving the jurisdiction and may mean that they have no contact with their victims (as in the case of domestic violence).

They may also be prohibited from contacting any accused or known criminal, they may be prohibited from drinking alcoholic beverages, they shall be prohibited from committing other crimes and may be subjected to a series of alcohol/drug tests, drug, alcohol or psychological treatment and performing community service.

A defendant may be given probation after completing a prison sentence, or he may be given probation instead of spending time in jail. However, probation is usually part of the sentence for a California defendant. There are two types of probation and they are:

· Formal probation

· Informal probation

With a formal probationary period, the defendant is required to meet regularly with his assigned probation officer, usually once a month. With informal or brief probation, the defendant must comply with certain conditions of his sentence and is not required to meet with a probation officer on probation or summary judgment. Probation usually lasts three years; however, it may vary depending on the circumstances of the case.

When a trial period is violated, it is no laughing matter. The penalties vary depending on what happened; however, a violation can mean a one-way trip to prison, or the defendant's sentence can be restored. After an unprovoked violation, you can continue an arrest soon after. What happens next depends on your San Diego criminal defense attorney as well as your history. In deciding how to punish you, the judge will consider whether you have a prior probation violation, the nature of the violation, any new criminal activity committed by you, any aggravating or mitigating circumstances, and the seriousness of the violation of probation.

Not all probation violations are under your control. You could have been at the home of someone when they called the police, or an angry partner might have called you to the police for the purpose of sending you back to jail, even if you did nothing wrong. On the other hand, you may have accidentally violated a restraining order. The conditions for probation vary from person to person, as do the causes of probation violations. If you had a perfectly valid reason or excuse for your violation, a competent lawyer is required to present a convincing argument on your behalf. Otherwise, the judge may find him guilty and send him back to jail.

A violation of probation can result in heavy fines, imprisonment, and prolonged probation. If you violated your probation, it would be best for you to discuss your question with a lawyer as soon as possible. An experienced attorney will know how to present your case to the prosecutor and the judge in a way that is more favorable to you. When your future is at stake, do what you can to stay out of jail and in the community you belong to.