South Bay criminal defense attorney

Rancho Palos Verdes Probation and Parole

Rancho Palos Verdes, California Probation and Parole Lawyer

A probation grant comes in lieu of a maximum sentence and is an informal or formal supervision of one who has been convicted of a crime. If the court decides to give the sentence of formal probation (as opposed to sentencing immediate jail-time), it will be imposed immediately after a felony conviction is handed down. Probation is essentially a chance for a person to avoid more severe punishment by being on good behavior and showing signs of rehabilitation. Any violation of probation will usually result in the imposition of a more harsh sentence.

A person sentenced to probation in Rancho Palos Verdes, is assigned to a probation officer and subject to regular check-ins with his/her officer. He/she is also required to meet other various conditions associated with the probation.

Any grant of probation will require that a person on probation (probationer) avoids getting into any sort of trouble that would cause law enforcement to intervene. A probationer will violate his/her probation terms if he/she gets arrested or commits a new criminal law offense. A probationer may also be subject to other conditions which could include a variety of requirements (attending counseling, undergoing drug or alcohol treatment and testing, paying various fines or fees, submitting a DNA sample, paying any victims for their losses,  being searched without a warrant, serving time in a county jail, among others).

Felony Probation in Rancho Palos Verdes, California

Felony probation will usually last for three years, but can last for up to five years if the court thinks it is necessary. If a probationer successfully completes all of the terms of his/her probation before the probation period is up, he/she can petition to terminate the probation early.

If probation is violated, it can be voided and replaced by a state prison sentence. When a person is charged with a violation of probation, he/she is entitled to a violation hearing. At this hearing, prosecutors must present evidence to the judge to prove a violation occurred. If the prosecutors are successful, the judge has discretion to either reinstate probation or hand down a prison sentence.

Misdemeanor Probation in Rancho Palos Verdes, California

Misdemeanor probation, as opposed to felony probation, will usually be informal. The probationer that is sentenced to informal probation will not need to check in with a probation officer. However, the probationer still needs to avoid legal trouble, pay fines and fees owed, do community service, and in some circumstances, seek counseling. Failure to meet these requirements will violate the probation, which will often be accompanied by a term in county jail.

Misdemeanor probationers, like felony probationers, are entitled to a judicial hearing where prosecutors must prove the violation.

If either felony or misdemeanor probation is successfully completed, a motion can be filed at the end of a successful probation term that allows the probationer to ask a judge to withdraw his/her guilty plea and dismiss the charges. If the charges are dismissed, the future legal effect of the conviction will be limited.

If you are accused of violating your probation, you need to have an experienced criminal law attorney to protect your interests. You will want to obtain a reinstate of probation in this situation and a good, experienced criminal lawyer will know the best ways to go about obtaining a reinstatement. Moreover, a good attorney can assist you in preparing a motion to withdraw your plea and get your charges dismissed after successfully completing probation. South Bay Criminal Law attorney Brian A. Newman has represented hundreds of clients who were accused of violating their probation. He has a long record of obtaining a reinstatement of probation so that his clients avoid going to prison. He has made many successfully motions to dismiss cases for clients who have successfully completed probation, even clients with very serious felony matters.

Parole in Rancho Palos Verdes, California

Parole is a period of supervised release that happens after a person convicted of a felony has been sentenced to and served time in state prison. While the normal term for parole is three years, people who display a great deal of success during parole can often get it removed in a shorter period of time.

Parole is very similar to probation in that a person on parole is required to check in with his/her parole officer regularly while meeting other various conditions attached to the parole.

However, unlike with probation, if a a person violates parole, he/she can only be sentenced to up to one year in prison on the violation of parole. However, if the person violated parole by committing a different criminal act, he/she can be sentenced to more jail time on that charge in addition to the jail sentence for violating parole.

If one released on parole is accused of violating the parole, he/she is entitled to a hearing before a Department of Corrections hearings officer. When a person released on parole is accused of violating parole by having committed a new serious crime, the parolee will be entitled to have an attorney present.

Call us today at 310.316.6622 and talk with an experienced Rancho Palos Verdes Probation and Parole defense lawyer that will fight for you!

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Call Mr. Newman directly at (310) 316-6622