After being convicted of a crime, you may be sentenced to a term of probation before you can resume everyday life. Probation serves as a supervisory period to ensure offenders work towards a better life and change old habits. However, if you fail to comply with the conditions set forth by the judge and violate the terms of your probation, you may need an experienced San Diego probation lawyer to help you minimize consequences, such as jail or prison time.
As a former prosecutor for almost a decade, San Diego probation attorney Pedro Bernal at Bernal Law can help you work to obtain a favorable outcome in a California probation violation hearing by defending your rights and negotiating on your behalf with the prosecution. He knows their legal strategies and can help you build the best case for your unique situation.
What Constitutes a Probation Violation?
Probation is a privilege that comes with specific requirements, such as attending counseling, maintaining employment, refraining from drug and alcohol use, and reporting to a probation officer. Probation may be informal, where you are not officially supervised but are expected to attend counseling and report directly to the court. On the other hand, it may be formal, where you have to meet with your probation officer a set amount of times a week or month.
Probation violations can vary in nature and severity, but they generally involve the failure to adhere to the conditions set forth by the court, which may include the following:
- Missed Appointments: Failing to appear for scheduled meetings with a probation officer, counselor, or court-related appointments
- Positive Drug Tests: If you are required to stay drug-free as a condition of probation and test positive for drugs or alcohol
- Failure to Complete Programs: If you failed to complete mandated programs, such as drug or alcohol treatment, anger management classes, or community service
- Committing New Crimes: Engaging in criminal activity, whether a misdemeanor or felony, while on probation
- Travel Restrictions: If probation terms include travel restrictions outside a certain geographic area without permission and you violate these restrictions
- Associating With Criminals: Being in the company of known criminals may be a violation if prohibited by the terms of your probation
- Violation of Curfew: If probation comes with a curfew and you violate it by being out past the designated time
- Possession of a Weapon: Being found in possession of firearms or other prohibited weapons while on probation
- Harassment or Threats: Engaging in harassment, threats, or other harmful behavior towards others
If you believe you violated the terms of your probation, it’s in your best interests to contact Bernal Law as soon as possible to understand your legal options and build a strategic defense to avoid harsh penalties.
What Is a Probation Violation Hearing?
If you violate the terms of your probation, it’s essential to understand that you are not subject to penalties before you are able to defend yourself in a probation violation hearing. During a hearing, the judge will evaluate your criminal history and the circumstances that led to the violation to determine what consequences may be imposed. In some cases, offenders may lose the right to probation and have to serve jail or prison time. On the other hand, you may face an extended probationary period or stricter terms of the probation.
You have certain rights during a probation violation hearing, including:
- The right to a San Diego probation attorney to represent you
- The right to subpoena witnesses to testify under oath
- The right to cross-examine witnesses presented by the opposing party
- The right to present evidence in your defense
- The right to argue mitigating factors
- The right to access evidence that may be used against you
At Bernal Law, we know how to fight for you so your future and freedom are protected. We may keep the court from revoking your right to probation and prevent harsher sentencing.
How a Probation Lawyer in San Diego at Bernal Law Can Help Your Case
Don’t risk your freedom and other rights by handling a probation violation on your own. At Bernal Law, we know how to build an aggressive defense you need to minimize the consequences of your allegations.
We can help increase the chances of a favorable outcome for your case in the following ways:
- Providing legal guidance
- Evaluating your case
- Building a defense strategy
- Gathering evidence
- Negotiating with the prosecution
- Representing you during the probation violation hearing
- Exploring rehabilitative options
- Protecting your rights
With the help of an experienced probation lawyer in San Diego, you are able to navigate the complexities of your case effectively. Our focused knowledge and insight into the prosecutor’s strategies may make a decisive difference in the outcome of your case.
Speak With the San Diego Probation Lawyer at Bernal Law
If you were accused of violating your probation terms, speak with Bernal Law today for an assessment of your case. We have defended countless San Diego clients in criminal cases, including probation violations. Let us handle all aspects of your case so you can obtain a favorable outcome and move forward with your life.