Failure to Report or Absconding in Aliso Viejo
In the state of California and in the city of Aliso Viejo, it is required that you report to your probation or parole officer either once a month or as the judge or probation or parole may see fit. It is a routine part of abiding by one’s parole and ensuring that they are following the conditions of their release.
Failure to do so will usually result in some severe consequences. These consequences can be incredibly daunting, such as extended probation, fines, or even returning to prison or jail.What happens if you abscond or fail to report to your PO?
Depending on your PO and based on the circumstances of the probation violation, the PO can decide to:
- Give you a warning if this is the first time the violation has happened. If after the warning, there are no further instances of probation violation, then there will most likely not be any large problems. The probation officer might expand on the consequences that may occur if there were to be another instance of probation violation or
- Report the violation to the court and thus trigger a parole or probation violation hearing
At the hearing you can choose to be represented by a criminal lawyer and bring evidence to show that you either:
- Did not violate your probation (or parole) or fail to report or abscond or
- There were extenuating or mitigating circumstances that led to your absconding or failure to report
The judge will then decide whether the circumstances amount to a violation, and then choose to either:
- Schedule a revocation hearing, where it will be decided whether you ought to complete all or a portion of your suspended prison sentence
- Extend your probation or parole period and maybe have additional conditions added to your terms, such as adding on another year to your probation period, attending counseling, assigning community service hours, rehabilitation, especially in instances involving drug possession or failed drug tests, or
- Prior terms may be reinstated because you may not have been found to be in violation of your probation or parole terms.
Usually, there is much less wiggle room for parole violations as opposed to probation violations. This is defined as the period of re-integration after being released from prison. This period is put in place to determine whether or not the parolee is ready to enter society again and be a healthy, contributing member. Similar to probation, the consequences of violating one’s parole can be harsh and severe based on how many times the violations occurred and the severity. They are required to submit drug tests in certain circumstances, report to their parole officers, random search and seizures, and attempt to acquire some sort of employement. Either way, if you are arrested or called to appear before the court for a probation or parole violation, it is important that you hire an experiened criminal defense lawyer to represent you.
If you have violated probation, contact Johnson Criminal Law Group for help with your case.