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Probation Violation

A probation violation occurs when someone who is sentenced to probation violates any of the rules imposed upon him or her during the probationary period of the sentence. Consequently, his or her probation can be revoked and jail time can be a result. Stewart & Schmidlin’s aggressive criminal attorneys will fight on your behalf to ensure that the consequences of your probation violation are minimized.

Examples of probation violations include,

  • Committing new crimes (new criminal cases)
  • Being arrested even if no criminal charges are pending
  • Failure to pay a fine
  • Failure to pay restitution to the victim
  • Failure to enroll in or complete rehabilitation community service
  • Failure to appear in court for a progress report
  • Violation of probation rules, including:
    • Staying away from certain persons or locations
    • Reporting to probation officer when expected
  • Possession of illegal drugs or weapons
  • Association with known criminals
  • Committing new crimes (new criminal cases)
  • Being arrested (even if no criminal charges are pending)

A violation of your probationary terms can be very serious. CALL US IMMEDIATELY if you or a loved one have violated or are being accused of a violation. If you are on probation it is because you have committed a crime and have been given a second chance. The courts do not appreciate seeing you back in court once they have given you your chance; they are likely to be much harsher the second time around. Stewart & Schmidlin’s probation violation lawyers have a proven track-record and a great deal of experience dealing with people in your situation. Our criminal attorneys are aware of all laws and codes, new and old, which may apply to your case.

If your probation violation is of the same nature as your original crime it is more serious than an un-related offense. For example, if you are on probation for a D.U.I offense and are charged with a new D.U.I offense, it shows the court that you have not changed and are likely to continue in the same line of behavior. Or, if you are on probation for a violent crime, such as assault, and violate with charges of domestic violence it shows the court that you are still a violent person, and likely need to be incarcerated. Our probation violations lawyers see these types of cases often. We will look into every detail of your case to mount the strongest possible defense on your behalf. The situation may not be as clear as even you consider it to be. There are several details that can end up being the crux of your case such as your state of mind, the actions of any police officers involved, lack of evidence, the likelihood that a reasonable person would have acted the same way you did, etc. Call Stewart & Schmidlin today and achieve the peace of mind knowing your case is in the right hands.

Other relevant factors include: the seriousness of your violation, the number of times you have violated in the past, aggravating circumstances, how far along you are in your probation period, etc. An experienced attorney will assure that all relevant defenses are used in your case. The most important thing to us is building our case around your main concerns. Whenever possible we aim to prevent you from being jailed and ensure that the consequences of your probation violation are minimized.

If you do not retain legal representation and, as a result, lose your probation violation case you could face any of the following:

  • Potential jail or prison sentence
  • Probation extension
  • Additional probation terms imposed
  • Probation revoked
  • Community service
  • CalTrans (physical labor)
  • Rehabilitation/Counseling/Treatment Program

Stewart & Schmidlin’s skilled probation lawyers can prepare you for the violation hearing if one becomes necessary. We will gather all relevant evidence, interview witnesses, investigate the police offers involved, establish communication with the probation department and probation officer and mount a defense based on favorable evidences found therein. If you or someone you know is facing a probation violation charge, time is of the essence – the sooner we can begin working on your case the stronger your defense will be. Call Stewart & Schmidlin today for your free consultation.