The purpose of probation is to test the criminal's behaviors and their ability to become active members of the society once again. When an offender is on probation, they are ordered to follow specific conditions that were set forth by the court, often times under the supervision of a probation officer.
Common conditions of probation would prohibit the offender from owning or using a firearm, they may have to abide by a curfew, they may have to remain actively employed, and they may be ordered to live at a specific location. They will usually be told to follow any orders made by their probation officer and this may include not leaving the jurisdiction and it can involve not having any contact with their victims (as in a domestic violence case).
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They may also be prohibited from contacting any co-defendant or known criminals, they may be prohibited from drinking alcoholic beverages, prohibited from committing any further crimes and they may be forced to submit to a series of alcohol/drug tests, participate in drug, alcohol or psychological treatment and perform community service.
A defendant may get probation after they have completed a jail sentence, or they may get probation in lieu of serving time in jail. However, either way, probation is typically a component of a defendant's criminal sentence in California. There are two types of probation and they are:
· Formal Probation
· Informal Probation
With formal probation, the defendant is required to meet with their assigned probation officer on a regular basis, typically once a month. With informal probation, or summary probation, the defendant is required to meet certain conditions of their sentence and they are not required to meet with a probation officer under informal or summary probation. Probation typically lasts for three years; however, it can vary depending on the circumstances of the case.
When a term of probation is violated, it's no laughing matter. The penalties will vary depending on what occurred; however, a violation can mean a one way trip back to jail or the defendant's sentence can be reinstated. After a probation violation, an arrest can follow shortly afterwards. What happens next will depend on your San Diego criminal defense attorney as well as your history. When deciding how to punish you, the judge will consider if you have any prior probation violations, the nature of the violation, any new criminal activity committed by you, any aggravating or mitigating circumstances and the seriousness of the probation violation.
Not all probation violations are within your control. You might have been at somebody's house when the police were called, or an angry partner might have called the police on you with the intention of sending you back to jail even if you did nothing wrong. On the other hand, you may have accidentally violated a restraining order. Probation terms vary from person to person and so do the reasons for probation violations. If you had a perfectly valid reason or excuse for your violation, it will take a skillful attorney to present a convincing argument on your behalf. Otherwise, the judge can find you guilty and send you back to jail.
A probation violation can result in heavy fines, jail time and extended probation. If you violated your probation, it would be in your best interests to discuss your matter with an attorney as soon as possible. An experienced lawyer will know how to present your case in front of the prosecutor and the judge in a light that is more favorable to you. When your future is on the line, you need to do what you can to keep yourself out of jail and in the community where you belong.
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The Law Offices of Aaron T. Hicks is a criminal defense firm located in San Diego, California. Their firm has effectively helped clients with all types of criminal charges in the San Diego area including: DUI, drug crimes, internet crimes, theft crimes, three strikes cases, weapons offenses, white collar crimes as well as violent crimes and appeals. Should you go with their firm, they will search for any mitigating circumstances that may get your charges reduced or dropped. What's more, they will question every aspect of your case, including law enforcement's procedure, collection of evidence and witness testimony. They care about the outcome of your case and they will fight tooth and nail on your behalf. To contact a San Diego criminal defense attorney at the firm call (619) 519-7400 today or visit the firm's website at http://www.SanDiegoCriminalDefenseFirm.com.
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