Probation Violations

Jeffrey D. Stulberg, A Law Corporation, is experienced in the handling of most types of misdemeanor and felony probation violation allegations. If you have been cited to court in San Luis Obispo County or anywhere else on the Central Coast for violating the probation terms of a prior criminal case, give us a call before you enter a plea. In most cases, we can help.

 

Probation is a mechanism to suspend a jail sentence and basically avoid jail time. If you have pleaded guilty to a crime or have been convicted of a crime, the courts could grant you probation instead of a jail sentence whereby you will be able to get back in the community and maintain your employment. But being on probation does not mean doing what you want when you want to do it.

 

Probation is something you do in the place of spending time behind bars - which means you must comply with a very clear set of rules and regulations, which may include:

• Abstaining from unlawful behavior
• Keeping in constant touch with your probation officer
• Not possess a firearm
• Stay away from drugs and /or alcohol
• Stay away from victims and witnesses involved with your case
• Stick to time curfews and geographical boundaries

When you violate the terms of your probation, you face the possibility of being sent back to jail. However, these violations must be proved in court. The judge will not merely take the word of your probation officer. Your legal rights are still in tact, even when you are on probation, which means you have the right to defend a charge of probation violation.

The courts will take many factors into account in considering your probation violation. The most important factor of all is whether you were acting in good faith. A judge will look at whether the violation was inadvertent or unintentional or whether you intentionally neglected your responsibility and ignored your promise and obligation to the court.

Whether or not you return to jail or prison will also depend on your rap sheet - how many prior offenses you have on your criminal record, the seriousness of those crimes, how you committed this alleged probation violation and of course, what your probation officer believes.

Your San Luis Obispo County probation hearing could go in many different directions. The worst case scenario is that you head back to jail or prison. The judge could let you off with a stern warning or could reinstate you into probation, extend your probation term or impose additional conditions. The bottom line is that, often there is room for negotiation. Your fate in one of these hearings will depend on your attorney.

A knowledgeable San Luis Obispo County probation violation attorney can assist you in presenting your case in a positive manner, help you retain your freedom and stay out of jail and at the same time help you meet your obligations.

 

Jeffrey D. Stulberg • A Law Corporation