Probation Violation in Aliso Viejo
California probation is a part of the sentencing process that is meant to either allow a person to remain out of jail or shorten the length of their jail sentence. The purpose of the probation is to rehabilitate rather than to punish someone who has been convicted of a crime. It is a privilege to be put on probation because of how you can still be a contributing member of your community. There are many circumstances where some are forced to be incarcerated and are not given that option. Only in specific situations are people put on probation, and there are a number of terms that the offender must follow while on it. They include community service, fines, counseling, reporting to the probation officer, etc. They are taken so seriously because they have been put in place not only to put restrictions on the offender and reintegrate them into society but also to make sure that others are being protected. These terms are enforced and looked after by a probation officer. They are meant to make sure that the person on probation is not posing a risk to others by seeing if they are drinking or on drugs, providing helpful services, helping them, etc. The regulations of probation must be taken extremely seriously or there are heavy consequences that come with disobedience.Different Probations Imposed
Probation can be imposed based on a misdemeanor or a felony charge.
Formal probation, or probation for a felony charge, includes the following terms:
- A misdemeanor probation period of up to 3 to 5-years
- The judge must request a probation report prepared by the county probation department unless it is waived
- A probation officer is required to supervise the probation to prevent the person from leaving the state or from violating the probation in any way
Summary/informal probation or probation for a misdemeanor charge, includes the following terms:
- A misdemeanor probation period of up to 5-years
- The judge may request a probation report
- Appearing in court for a progress report instead having a probation officer
In the state of California and in the city of Aliso Viejo, some examples of probation violations include:
- Failure to Appear (FTA) for a set court date
- Failure to pay (FTP) a fine if one has the ability to pay the fine
- Failure to report to the assigned probation officer
- Failure to submit to a drug test that is a requirement of the probation or failing the drug test and
- Committing a new crime
A common defense for violating probation is that you had a fair reason for not correctly executing all the terms of probation, such as not reporting to your probation officer, for example. If you truly had no control over your ability to report to your officer, such as in an emergency, then certain conditions will be looked over.
If you commit any of the above violations you will be arrested and brought before a judge. It is essential to have an experienced criminal defense lawyer appear with you at this hearing. At the Johnson Criminal Law Group we can help you deal with your probation violation. Call us today to evaluate your probation violation case.