Probation Violations In South Lake Tahoe, California
Pleading guilty or no contest to criminal charges can often result in a plea deal with a term of probation. This allows the person charged to avoid the strict sentences provided for under the Penal Code and serve a probation term instead.
Formal probation is often what people think of when they think of probation. When on formal probation, you are assigned to a probation officer (‘P.O.’) and you must check in with this probation officer. The P.O. will often make visits, including surprise visits, to check on you. And in addition drug and/or alcohol tests may be required.
People on formal probation must get approval from their probation officer before leaving the state or country.
Informal probation is a much more lenient version of probation. Though a violation of the law could be charged as a probation violation, there is no requirement to check in with a P.O.
Common Probation Terms
In forming the probation terms, the Judge is free to consider the facts and circumstances of the case and add to the terms as he sees fit. Some of the following are common terms, but are not exclusive:
Obey all laws.
Obey all orders of the Court, Probation Officer, and Law Enforcement.
Do not leave the State without written permission of Probation Officer.
Seek and maintain employment.
Do not possess firearms or deadly or dangerous weapons.
Submit to chemical testing.
Abstain from use and possession of any narcotics.
Submit to search by a peace officer without probable cause.
Pay any restitution.
Jail – the Judge may order county jail time as a term of probation.
People facing probation violations are often facing two separate charges. The first is the offense itself. The second is a charge for violating probation.
The new offense for which a person is arrested will lead them to be arraigned on this offense and have a bail associated with it.
The probation violation is often the more serious problem. The defendant is not afforded all the protections under the law they are when facing criminal charges. In a probation violation case, the District Attorney only needs to prove its case by a preponderance of the evidence, rather than proof beyond a reasonable doubt that is required to convict a person of criminal charges.
Probation violations are litigated at probation violation hearings before a Judge and the Defendant does not have a right to a jury.
Further, if the alleged violation is proved, the offender can have their probation revoked and be subject to sentence on the original offense.
Nothing on this website is considered or intended as legal advice. Every situation is different and no legal advice can be given without a thorough interview and discussion of the case. No attorney-client relationship is created by visiting this website. Such a relationship is only established by the signing of a fee agreement.