Riverside Probation Violations Attorney
When you have been placed on probation, it is important that you do everything in your power to avoid being found in violation of your probation. The consequences of a probation violation in Riverside can be devastating. Make sure you fight for your rights and get a reputable Riverside probation violations lawyer on your side.
Contact the Law Offices of Graham D. Donath to get started on your defense strategy today. Schedule your confidential consultation online or by calling our Riverside office at 951-667-5293.
Why Go With the Law Offices of Graham D. Donath?
Hiring the right Riverside probation violations lawyer could mean the difference between a lengthy stay in jail or prison and or go home without any additional consequences.
Probation violations attorney, Graham D. Donath, has handled hundreds of felony, misdemeanor, and juvenile probation violations successfully, and understands what is needed to successfully negotiate a violation of probation for the best outcome.
Here are some reasons to go with the Law Offices of Graham D. Donath:
- Attorney Donath is a former Deputy Public Defender in Riverside County
- He has spent his entire career devoting 100% of his practice to criminal defense
- Attorney Donath was selected as the 2008 Trial Attorney of the Year by the Riverside County Public Defender’s Office
- Our firm is passionate about defending the accused, we genuinely care about your future and wellbeing
- We value open and honest client communication
- Attorney Donath was selected for inclusion in the Top 100 Trial Attorneys in California 2012-2014
- We always give every case the attention to detail it deserves
- Former clients have described us as highly experienced and aggressive
- Mr. Donath has been named one of the Top 100 Trial Attorneys in Southern California by the National Trial Lawyers Organization every year from 2013 to the present
- Attorney Donath is one of only a few attorneys who earned the prestigious honor of Certified Specialist in Criminal Law by the California State Bar Board of Legal Specialization.
California Probation Requirements
When you have been placed on probation in California, there are very specific requirements that you will need to agree to meet. Every person’s probation terms and conditions can be different. But generally, the terms for probation in Riverside and across the state of California include:
- Obtain gainful employment or attend school full-time
- Perform community service
- Pay restitution to any victims
You may also be required to submit to electronic monitoring, random drug or alcohol testing, a curfew, court-ordered mental health counseling or substance abuse treatment, and be prohibited from contacting the victims in your case.
Failure to adhere to the terms of your probation could result in a violation of your probation (VOP) which may trigger a VOP hearing, where you may be subject to serious penalties.
For this reason, if you believe you may have violated your probation, or may be accused of violating your probation, you need to get in touch with your Riverside probation violation attorney as soon as possible.
What is Misdemeanor Probation?
There are multiple types of probation that you could be placed on in the state of California. Under CA Penal Code § 1203a, misdemeanor probation allows individuals who have been convicted of misdemeanor crimes to spend less or no time in jail.
Under California sentencing requirements, many misdemeanor convictions will usually result in a jail term of one, three, or five years. But judges have the discretion to determine the sentencing term, and whether misdemeanor probation may be a more appropriate option.
Generally, if you are placed on misdemeanor probation, you will not be required to report to a probation officer. Instead, you may be ordered to appear for regular hearings to determine whether you are successfully completing the terms of your probation, or have been accused of violating them.
What is Felony Probation?
Under CA Penal Code § 1203, felony probation, also commonly referred to as formal probation, can be included as part of a felony conviction. Generally, you may be ordered to remain on felony probation for a period of three to five years. During this time, you will also be required to meet with your probation officer regularly to ensure that you are fulfilling the terms and conditions of your probation.
If you have been placed on felony probation, you may be prohibited from leaving your jurisdiction. You could even be required to allow your probation officer to conduct random searches of your home or property to ensure that you are not in possession of weapons, alcohol, or drugs based on the terms of your probation.
Despite the limitations that come with misdemeanor and felony probation, the requirements of your probation are often much preferred to the exorbitant court fines and incarceration terms you may have faced as part of your criminal conviction.
What Is the Difference Between Formal and Informal Probation?
You can be placed on formal or informal probation depending on the specific details of your case. If you are placed on formal probation, you can expect to be supervised by a probation officer. Here, you may meet with your probation officer once a week, every other week, or once a month, depending on what your probation officer requires.
In most cases, if you are a high risk probationer, or someone who has previously been convicted of multiple serious crimes, you can expect to meet with your probation officer on a more frequent basis. If you have been on good behavior for sometime on formal probation, you may be able to request that the judge modify your formal probation to informal probation.
Individuals placed on informal probation will not generally be supervised by probation officers, and will instead report directly to the court to ensure that they are meeting the terms of their probation. Generally, people on informal probation will be required to report to the core when:
- They move
- Have been arrested on new charges
- Are submitting proof of completion of probation requirements
Since people on informal probation are not being carefully monitored by probation officers, they may be less likely to be cited for probation violations in Riverside.
Common Types of Riverside Probation Violations
Many times being on probation can be a confusing experience. Conflicting information from the Court, your probation violations lawyer, law enforcement, and your probation officer can sometimes result in the ball being dropped.
Other times, personal issues or situations outside of your control can force you to not complete your probation terms as instructed. Violations of probation are extremely serious, and they can subject you to increased punishments, including extensive jail time, extensions of probation, or even prison time.
Some of the more common types of probation violations in Riverside include:
- Failure to appear at a scheduled court hearing or trial
- Being arrested or charged in a new crime
- Failure to meet with your probation officer
- Failing to pass a drug or alcohol test
- Refusing to take a drug or alcohol test
- Failing to pass a probation search
- Refusing to allow your probation officer to search
- Failing to pay restitution to victims as ordered
These are only a few of the different ways in which you could violate the terms of your probation in Riverside. If you have been accused of violating your probation in another way, be sure to contact our office to discuss the options for your VOP defense strategy.
What Happens When You Violate the Terms of Your Probation in Riverside?
Violating the terms of your probation in Riverside is a serious offense. In some cases, if your probation officer suspects that a VOP has occurred, they may decide to take you into custody immediately and bring you directly to court or detain you until you can be brought before a judge.
At the hearing, your probation officer may elect to ask the judge to issue a bench warrant for your arrest. If you have been found guilty of violating the terms of your probation, the judge will take several factors into account, including:
- Your previous criminal history
- The specific details of the probation violation in question
- Your record of following the terms of your probation prior to this alleged violation
- The suggestions and requests of your probation officer
Once the judge has taken everything into consideration, it will be up to them to determine whether the terms of your probation should be modified, reinstated, or revoked.
In the event that your probation is revoked, you may be required to suffer the penalties associated with Riverside probation violations. You need an experienced probation violation attorney by your side who can help you show the judge that you should be granted leniency in your case.
Penalties for Probation Violations in Riverside
There are many different consequences you could face if you are found guilty of a VOP in Riverside. To start, if the judge had previously suspended your original sentence and required you to complete the terms of probation instead, you can expect that your probation will be revoked, and you will be required to complete the original jail or prison term of your conviction.
For example, let’s say you were found guilty of drug possession and were required to spend two years on probation instead of three years in county jail. If you were found guilty of violating the terms of your probation, and your probation was revoked, The judge may impose the three-year sentence that was previously suspended.
It is also possible that the judge could require you to serve the maximum punishment allowable under the law. If you were previously convicted of a felony, for example, and were not originally required to serve any jail time when you were sentenced, the court has the authority to impose the maximum for that particular felony.
Other penalties you can expect to deal with if you are found guilty of a VOP in Riverside include:
- Court-ordered mental health counseling
- Court-ordered substance abuse treatment
- Court-ordered anger management
- Court-ordered random drug testing
- Court/ordered community service
- The extension of your probation
Furthermore, there are many collateral consequences that you could face as a result of a probation violation, including child custody issues, difficulty finding a job, citizenship or immigration issues, loss of firearm rights, and damage to your personal and professional reputations, among others.
Riverside Probation Violation FAQ
You may have many questions surrounding the probation violation process and what to expect from your case. Here are some quick answers to a few of the more commonly asked questions surrounding Riverside VOP‘s.
Additional questions you have that may not have been answered on this page can be discussed during your confidential consultation.
What are your rights at a VOP hearing?
When you have been accused of violating the terms of your probation, you will need to attend a VOP hearing. During this hearing, you have specific rights under CA Penal Code § 1203.3, including:
- The right to call and subpoena witnesses
- The right to an attorney
- The right to review the evidence against you
Understanding your rights could go a long way in helping to protect you during your VOP hearing. Many probationers found themselves suffering undo penalties for failure to understand their rights.
What Is AB-1950?
AB-1950 reduces the amount of time that someone can be required to spend on probation. Prior to AB-1950, many misdemeanor offenses required people to spend up to three years on probation, and felonies required a probation term of up to five years. But this meant that many people could find their probation revoked years after their additional criminal conviction.
This is, in part, because there are so many different ways that someone can be accused of violating their probation. Thankfully, with the introduction of AB-1950, people will be less likely to violate the terms of their probation, as they will have completed their terms in a more timely manner.
It should be noted that there are several criminal convictions that are exceptions to AB-1950. Some of these include:
Are there resources for those who violate their probation in Riverside?
Yes, here are a few resources for individuals who may be dealing with allegations of probation violations in Riverside, CA:
MFI Recovery Center Riverside Outpatient Services and Administrative Offices
5870 Arlington Ave
Riverside, CA 92504
(866) 218-4697
Whiteside Manor
2743 Orange St
Riverside, CA 92501
(800) 300-7326
Remedy Bail Bonds // Riverside
3478 University Ave
Riverside, CA 92501
(951) 684-2183
All-Pro Bail Bonds Riverside
3774 Tenth St
Riverside, CA 92501
(951) 373-2772
Contact a Probation Violation Attorney in Riverside
Probation violations should always be taken seriously. Accusations of probation violations could have a severe impact on your life.
If you or a family member has been charged with a violation of probation in Orange County, Los Angeles County, or Riverside County, contact the Law Offices of Graham Donath, for superior representation that gets results.
Schedule your initial consultation with an experienced Riverside probation violations lawyer when you complete our secured contact form or give our Riverside office a call at 951-667-5293.
