Probation Violation Attorney in Oakland
Probation violations often pose serious threats to a defendant's future and freedom. With the possibility of jail time, hefty fines, and additional probation requirements ahead, you will need the aggressive and diligent legal guidance of our firm's Oakland criminal defense lawyer.
Probation violations can occur for a number of reasons. When you are released on probation, you are given a number of restrictions and orders. A violation of any of the requirements or the commission of a new crime can result in the charge of a probation violation.
Some of the most common misdemeanor and felony probation violations include:
- Failure to pay a fine
- Failure to appear for a court date
- Failure to comply with a court order
- Failure to report to probation officer
- Commission of a new crime
- Not submitting to / failing drug test
What Happens if You Violate Probation in California?
If you have committed a probation violation, the judge can revoke your grant of probation and sentence you to the maximum punishment allowed by law. If you were convicted of a felony crime that carries a possible punishment of 16 months, 2 years or 3 years in county jail, the court may have placed you on probation and not imposed any jail time when you were sentenced. If you violate your probation, the court has the legal authority to now sentence you to up to three years in county jail.
Probation Violation Hearings in the Bay Area
At The Castillo Law Office, we understand the challenges that you face when you are charged with a probation violation under California Penal Code § 1203 PC. After being investigated for a probation violation after an original misdemeanor or felony conviction, a hearing will likely take place. Either an officer will place you under arrest and bring you before a judge or a judge will issue a California arrest warrant. If you fail to report to your scheduled hearing, the judge can issue a California bench warrant for your arrest. The California probation violation hearing will work in a similar way to a trial.
The person accused of the probation violation will receive certain due process rights, including the:
- Right to be represented by an attorney
- Right to call witnesses and use subpoena power
- Right to cross-examine and confront witnesses
- Right to present mitigating or extenuating circumstances
- Right to testify on your own behalf
With years of experience, we can fight on your behalf as you navigate this complex case. Contact our firm at your earliest convenience!