Probation Violation Attorney in San Jose
When facing criminal charges, depending on the offense involved, the court may grant you a probation order rather than time in jail. A probation violation is an offense if you are to break any of the terms of your probation order. There are consequences for violating the conditions of a probation order and it is important to defend yourself against these charges. For help in your probation violation case, contact a criminal lawyer from the Law Office of Thomas F. Mueller. Attorney Mueller has taken on thousands of criminal cases, including those involving an alleged probation violation.
How is a probation order violated?
Every probation order can be different and they depend on the original offense as well as the state and federal laws. A violation occurs if you ignore or break any of the terms in your unique probation order during the probation period. A probation period can last for various lengths of time, but generally between one and three years. Some of the ways that a probation order can be violated include:
- Committing another crime
- Being arrested
- Drug crimes- possessing, using or selling drugs
- Failing to appear at a court appearance
- Failing to report to your probation officer
- Failing to pay fines or restitution ordered by the court
- Traveling without permission
What happens if probation was violated?
If the probation order suspects that you have violated your probation, he or she may issue you a warning or you may be required to attend a hearing. If you have to go to a probation hearing, there will be a judge that hears the case. If it is determined by the judge that you did violate your probation, you could be facing penalties. Some potential penalties for probation violation include:
- Extended probation period
- Additional terms and conditions to probation order
- Jail time
- Revoked probation
In order to be found guilty of violating your probation, the prosecutor has to prove the occurrence of a violation by a preponderance of the evidence. This means that it is more than 50% likely that the violation occurred. If you are not found guilty, nothing happens to your probation order.
What are my legal rights after a probation violation?
If you have been charged with violating your probation, you may be overwhelmed and unsure of what to do next. An experienced San Jose criminal defense attorney can review your case and help you work toward the best outcome possible for your situation. It is crucial to remember you have certain legal rights as you face probation violation charges.
If you are dealing with a probation hearing, you have the right to get the alleged violations against you in writing. You also have the right to have your case heard by an unbiased judge in a court of law. In addition, you have the right to have an attorney defend your case. As part of your defense, you have the right to deny evidence brought against you, and to use other evidence and any witness testimony to aid your case.
If you are convicted of violating your probation, you are allowed to request a bail hearing to allow yourself a reprieve before serving any jail time and while waiting for the judge to make a final ruling on what your sentence will be. Also, you have the right to appeal your probation violation conviction. These appeals are generally made to the court one level above the one that convicted you. If the next highest court determines that your conviction was faulty, or that there was not enough evidence to uphold the charges against you, your violation may be cleared and dismissed.
In addition, if you are facing an extended probation due to a violation, you may apply for an early end to your probation period. General guidelines require individuals to serve at least one third of their probation period before applying for an early termination. While it is completely up to the judge to decide whether to grant your early release from probation, he or she will take into consideration any of the fines you may have paid and other conditions you may have met. It is important to note that, in many states, more serious offenders are not allowed to apply for an early end to their probation.
Defend Against Your Probation Violation in San Jose
Need a lawyer for your probation violation case? With the help of a skilled San Jose probation violation lawyer, you can build a solid case and avoid the potential consequences. By challenging evidence or showing that the violation was a sincere mistake, the judge may not order penalties. Contact the Law Office of Thomas F. Mueller for the legal representation that you need. The firm has more than 38 years of experience in criminal defense law and Attorney Mueller can help. Schedule your
free case analysis now!