Probation Violation Defined – The Stipulations, Outcomes, and More

Jan 22, 2019 | News

12 21 18 Griffin Law probation violation defined

If you break the conditions, or stipulations, of your probation, you could have it revoked or face a more severe sentence. The laws surrounding probation violation in San Diego can be complex, so make sure you secure dependable legal representation if you’re in trouble with the law.

Your criminal defense lawyer’s job is to navigate you through the legal system and work for your best interests. Naturally, hiring an experienced lawyer that’s dealt with numerous forms of probation violation gives you the best chance of securing the fairest outcome possible.

This article details what it means to violate your probation, stipulations you need to be aware of to avoid arrest, and what to do if you face a hearing.


What Is Probation?


People can be placed on probation instead of receiving a prison sentence upon release. Standard Conditions of probation vary from county to county in California, but typical standard stipulations include:

  • Increased penalties if you commit a separate crime (VNL: “violate no laws”)
  • You may need to remain within a jurisdictional area
  • Ensure you fulfill financial responsibilities
  • Have frequent meetings with a probation officer
  • Never possess or use illegal substances or related paraphernalia

In most cases, Special Conditions are applied to probation terms if the crime committed was a felony, and they usually relate to the nature of the crime. For example, offenders of drug crimes may have to attend regular counseling sessions. Conditions for first offense DUI convictions may include refraining from both consuming alcohol and driving a vehicle.


The Consequences of Probation Violation


When somebody is placed on probation, part or all their fine or prison sentence are suspended. Those who fail to comply with the conditions of probation may have it revoked, which could lead to the reinstitution of the suspended sentence. In some cases, violators of probation may have years added to their original suspended sentence or need to pay a higher fine.

It’s not always easy to remain compliant with the conditions of a probation order, especially if they include being banned from visiting certain places and people. Some probation officers may overlook small infractions while others may not. For example, if you were late to a mandatory meeting due to a problem with public transport, your probation officer may not deem the infraction a valid violation of your conditions.


What to Do If You Face a Violation Hearing


It’s crucial to know your rights and how to protect them if you’re facing a violation charge. Your lawyer can help you understand your rights as well as avoid further consequences.

If you think you’ve been charged with a violation of probation unfairly, you should contact a qualified and highly experienced criminal defense lawyer for assistance. They represent your best interests and can help you secure fair terms for minor infractions. They can even help you ensure an early termination of probation under certain circumstances.

Patrick Griffin is an experienced criminal defense lawyer who represents defendants throughout the state of California from headquarters in San Diego. If you’re facing criminal charges or a probation violation hearing and need advice, call us on 619 552 4047.