Orange County Criminal Lawyers
Failure to Report or Absconding in Anaheim
If a California court issues you with parole or probation, one of the important requirements is that you regularly check in with the assigned supervising officer. If you fail to meet or check in with your probation/parole officer, (as the case may be), you can then be accused of ‘failure to report or absconding’ parole or probation.Failure to Report to a Probation Officer
In Anaheim (and in the state of California) probation is considered to be a privilege and not a right. As such, the threshold for proving an accusation is much lower than what is expected in a criminal trial. It is therefore quite easy to be found in violation of the requirement to meet your probation officer - there is no trial and the probation officer’s testimony is given much more weight than the defendant’s. This may seem unfair, but the California legislature has decided it fair, and thus made it law. The reason why reporting to one’s probation officer is so important is because its purpose is to allow the officer to regulate the behavior of the person on probation and make sure that they are consistently being provided the necessary rehabilitation and help that they need not only for themselves but also for their communities. Reporting to one’s probation officer also allows for the officer to check in to see if the person on probation is engaging in any negative behavior such as consuming drugs or alcohol, and if they are, then they can supply them with help in the form of correctional methods and treatments.Failure to Report to a Parole Officer
In Anaheim, a parolee who is accused of failure to report or absconding is likely to face stiffer punishment than a probationer who is accused of the similar violation. Although parole and probation both serve similar purposes, such are to help the defendants alter their behavior for the better with rehabilitative methods, there are differences. The main difference between parole and probation is that probation is administered before someone is supposed to go to jail or prison, while parole is the period of time after being released. Parolees who go missing will often go back to jail.Punishment for Failure to Report
Without a very good reason for why you went missing, you will face severe punishment including extended terms of probation/parole, extended jail time, hefty fines, etc.. The punishment you will face will depend on numerous considerations by the judge which include but are not limited to:
- Previous parole/probation violations
- The seriousness of your violation
- Reasons for the probation violation
If you are accused of failure to report or absconding parole or probation in the city of Anaheim, it is very important that you have a criminal defense attorney to represent you and defend you against the accusation. Depending on the circumstances, it can be proven that you have not violated the requirement to report or the consequences of the violation could be mitigated and you could receive a less harsh punishment for the violation.
Call our office today to discuss a failure to report. As always, your call is confidential and we will give you options that suit your best interests.