Probation Violations

What does it mean to be on probation? It means that you were conditionally released into the community after being convicted of a crime.

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Former Deputy DA • Certified Criminal Law Specialist

Our office has handled hundreds of probation violations. We look first to see if you actually did something contrary to the rules. If so, what was the nature of the violation? Were there any extenuating or mitigating circumstances that prevented you from complying with the terms of your probation? We talk to your probation officer to see what his recommendations are. Because Mr. Loewenstein has an outstanding relationship with the judges, he is able to meet with the judge assigned to your case and present the best possible picture of why you violated your probation (if indeed you did) and why it is not likely to happen again.

Some of the usual usual terms and conditions of probation are:

• Don’t use drugs
• Report to your probation officer as directed (if you are on felony or formal probation)
• Give up the right to be free from search and seizure
• Don’t possess or use firearms
• Violate no laws
• Additional conditions can be added depending on the crime

A charge of probation violation means that a probation officer thinks you have violated the terms and conditions of your probation in some fashion. He has the ability to have you arrested and put in jail pending a court hearing. You have a right to a court hearing within a reasonable period of time but you may not have a right to bail, depending on the type of probation violation. On a felony probation violation you will almost always be taken into custody.

Informal Probation occurs when you don’t have a probation officer assigned to you. It is an informal agreement between you and the court that you will abide by the terms and conditions of probation. So how would anyone know if you violated these terms and conditions? It usually comes about if you are arrested for a new law violation. The fact that you are on probation will come up in the course of your arrest for the new crime and a probation violation will be added to the charges. You do have a right to bail for violating informal probation if the underlying crime was a misdemeanor.

On a felony probation violation, you will be brought to court where you will either admit or deny the violation. If you admit it, you could be sentenced to the maximum penalty of the underlying crime for which you were convicted. It is extremely important that your attorney understand the serious consequences that could occur because of your violation. In our office we act quickly to protect the rights of our clients. Immediate and thorough investigation can be key elements in mitigating the situation.