Salinas Probation Violation Attorney

Dedicated Probation Violation Attorney Serving Monterey & the Surrounding Counties

Violations of probation, mandatory supervision, and parole are offenses that occur when you fail to comply with terms and conditions of your release. Depending on the nature and seriousness of your violation, your probation officer has the discretion to handle it informally, or notify the court of your violation, in which case you will be given notice to appear in court, usually before the same judge who has sentenced you.

Once you are back in court, you will be given an option to either admit your violation, or request a hearing to contest it, at which hearing the government will have the burden of proving the violation by a preponderance of the evidence.

If you are found to be in violation of your probation, either by admission or after a hearing, your case will likely be referred to the Probation Department for preparation of a supplemental report and a new sentencing recommendation, which the court may, but is not required to, follow. At sentencing, the court has broad authority to reinstate, terminate, or modify your probation or supervision, which may result in a significant loss of liberty or additional restrictions on your liberty.

At the Law Offices of William V. Pernik, our Salinas probation violation lawyer is ready to help. The firm serves the entire Monterey County and accepts cases from the nearby counties of Santa Cruz and San Benito. Contact us at  831-480-9165  to learn more.

What Happens If You Violate Probation in California?

Probation violations in California can vary depending on the specific terms and conditions of a person’s probation, but some common examples of probation violations in California include:

• Failing to appear for a scheduled court hearing or meeting with a probation officer.
• Failing a drug or alcohol test.
• Possession or use of illegal drugs or weapons.
• Associating with individuals who have a criminal record or engaging in criminal activities.
• Failing to complete court-ordered programs or treatment, such as anger management or substance abuse treatment.
• Failing to pay court-ordered fines or restitution.
• Leaving the state without permission from a probation officer.
• Failing to comply with specific conditions of probation, such as attending school or maintaining employment.
• Committing a new offense while on probation.

If a person violates their probation, they may face additional penalties, including extended probation, fines, community service, or even jail time.

Standing by Your Side in these Complex Matters

In practice, handling violations of probation, mandatory supervision, or parole, can be tricky even for a legal practitioner, let alone an unrepresented defendant. Unlike with an open case, where you may have significant leverage in negotiating a better plea deal or the option to request a jury trial, your options at a probation violation hearing can be very limited. For these reasons, it is a wise idea to enlist the aid of an experienced local Salinas defense attorney.

Can an Attorney Negotiate a Probation Violation?

Yes. a probation violation attorney has both the legal knowledge and the diplomatic skill to diffuse the tensions often present between you and your probation officer, present your case and your violation in the best possible light in court, and prepare a persuasive sentencing argument to the court as to why you should be given another chance at probation, if that is in your best legal interests.

Let us Fight for You!

At Law Offices of William V. Pernik, our Salinas probation violation attorneys have handled thousands of probation violations, and have worked with most local probation officers in Monterey and the surrounding counties. In a number of cases, with diplomacy and positive communication, we have been able to prevent an imminent probation violation from being filed by diffusing tensions between our client and his or her probation officer, and handling the violation informally.

In many other instances, even after our clients came to court, we were able to negotiate reinstatement, modification, or termination of probation or supervision on favorable terms.

When contested hearings are necessary or unavoidable, we know how to challenge evidence presented by the government, how to question probation officers who testify at the hearing, and above all, how to present your defense to a violation or downplay the seriousness of the violation in the most favorable light possible.

Because of that, we have been able to win a number of probation violation hearings, and even had clients who were found in violation of probation, but were reinstated or received a lesser sentence than the one initially recommended by the probation officer before the hearing took place.

If you or someone you care about is facing a violation of probation, mandatory supervision, or parole, please call our office at  831-480-9165 without hesitation to schedule your complimentary case consultation.