Probation and Parole
If you committed a crime and were given misdemeanor probation, that probably means that instead of going to jail (or in the case of parole, instead of having to stay in jail), you’ve been given the opportunity to live in the outside world, under the supervision and jurisdiction of the Court or the Parole Board.
How long you will be on probation depends upon the judge (or in the case of a parole probation, upon a deputy commissioner of the Board of Parole Hearings), or upon any plea-bargaining agreement your defense attorney and the prosecuting attorney may make.
Violations of Probation
Violation of your probation or parole can be a speedy way to end up in the county jail or a California state prison.
If you were convicted of a crime in California and were given probation, that can mean a shorter jail sentence. In many cases, with probation you do not spend any time in jail. In both instances, you must meet certain conditions to receive probation. Probation is a blessing because it gives you time to get your life under control.
Conditions of probation can include drug rehabilitation, anger management classes, steady employment, community service participation, restitution payment, avoiding the victim, wearing an electronic monitoring device, and checking in with your probation officer.
If you were convicted of a felony, incarcerated, and later granted parole, you will be released from prison. As in the case of probation, you will be assigned a parole officer, and you will need to check in with him or her on a regular, scheduled basis. You will also have to adhere to other specified conditions.
Examples of the conditions of parole include: registering with local authorities (as in the case of sex or arson crimes); living within specific county limits; agreeing to be searched at any time by law enforcement officers; ceasing association with gang members; staying off the Internet (for those accused of child pornography crimes); and refraining from having or using a weapon.
If officials think you violated the conditions of your probation or parole, it is likely that law enforcement will seek to arrest you. To get your probation or parole reinstated, you need experienced criminal defense attorney David Knoll to represent you! Sacramento Attorney Knoll has decades of experience successfully representing clients at their probation violation or parole revocation hearings.
Violation of Probation Revocation Hearing
If you violate any of the conditions of your probation, like committing another crime, not complying with drug treatment programs, or failing to pay restitution, a warrant will be issued for your arrest. You will have a mandatory revocation hearing where the judge will decide your fate.
After the evidence is given at the hearing, a judge will determine if you violated any conditions of your probation. Depending upon the circumstances of the violation and the nature of the crime you committed, the judge can order that the probationary conditions will remain the same; make the conditions harsher; or revoke the probation and send you packing to a county jail.
California Parole Violation Hearings
If you violate any of the conditions of your parole, there could be serious consequences. A deputy commissioner of the Board of Parole Hearings will decide your case. There will be two hearings: a probable cause hearing, and if probable cause is found, a parole revocation hearing.
You can face a year of incarceration for violating your parole. However, if you commit a new crime while on parole, the district attorney can file new charges against you. If convicted, you will likely face additional time in a California state prison.
Your Rights at Probation and Parole Violation Hearings
You have certain legal rights when facing a probation or parole violation hearing. They include:
- Representation by an attorney;
- Notice, in writing, of the supposed violation;
- Access to all the evidence compiled against you;
- Presentation of evidence on your own behalf;
- Testifying on your own behalf;
- Cross-examination of witnesses testifying against you;
- Notice, in writing, of the final determination of your hearing.
Sacramento lawyer David Knoll, a competent and skillful defense attorney, challenges damaging evidence at your probation or parole revocation hearing by presenting your side of the story.
Defense of Probation or Parole Violations
If you are charged with violating your probation or parole, probation attorney David Knoll employs defense tactics that can keep you out of jail or prison. He works to keep the original conditions of your probation or parole intact.
- If you are falsely accused, he shows it.
- If it was a case of mistaken identity, he uncovers the truth.
- If your rights were violated in the revocation hearing process, he works to regain your freedom.
- If there were mitigating circumstances leading to your probation or parole violation, he explains them so the appropriate authorities understand what really happened.
Criminal defense attorney David Knoll creates a passionate defense on your behalf. With a criminal law practice spanning more than twenty years, he has an enormous amount of knowledge dealing with probation, parole and prison law issues.
Help with Violation