San Bernardino probation violation attorney serving Rancho Cucamonga, Pomona, Fontana, Victorville & all of San Bernardino County
If you were placed on misdemeanor or felony probation, the judge gave you a set of rules to follow. These are called your terms of probation. If you are facing a new criminal case, or if you did not follow one of the probation rules, you could be charged with a violation of probation. If a judge finds that you violated probation, the judge has a lot of discretion in deciding what to do with you. The judge can:
- Revoke probation and sentence you to jail or prison (depending on the type of crime for which you were originally given probation);
- Reinstate probation on the original terms and conditions; or
- Reinstate probation but modify it by giving you new terms and conditions to follow.
Before finding you in violation, however, the judge must hold a hearing. The rules for these hearings (often called “Vickers” hearings) are very different than trial rules. Unfortunately, these rules do not benefit you. For instance, you are not entitled to a jury trial. Only the judge decides whether you violated probation. You can be found guilty of a probation violation by the easier to establish ”preponderance of the evidence” standard (not “proof beyond a reasonable doubt”). The rules of evidence for these hearings are more relaxed than the rules at trial. These hearings do not have to be held within the same time frames as trials. Because of the serious consequences which can result from these hearings, it is important to consult with an attorney immediately. An attorney can argue for your release from custody, help you prepare for this hearing, represent you during the hearing, and, if appropriate, negotiate a reinstatement on probation (as compared to having probation revoked and you being incarcerated).
If you are on Prop 36, different rules apply to you. If you or a loved one is facing a probation violation hearing, contact experienced San Bernardino probation violation attorney Marcie Gardner. She has successfully gotten clients reinstated on probation when they were facing new criminal charges or didn’t follow the rules of their original probation. Because probation carries a lot of different terms and conditions, clients will sometimes unintentionally violate their probation by forgetting one of their many requirements. Sometimes clients will violate probation by failing to complete one of their obligations within the time frame given by the judge.
If you have missed a simple deadline on your probation terms, it is important to immediately get an extension of time to complete that task from the judge. Taking the initiative to seek a modification from the judge is much better than waiting for someone at the court to realize you missed a deadline. An attorney can help you set the case on calendar and request what it is you need from the judge. Of course, if the probation violation is more serious, it is critical to start preparing for your defense to the probation violation hearing.
Marcie Gardner is ready and willing to fight to get you reinstated on probation. When working with Marcie Gardner, your initial consultation is always free of charge. No fee whatsoever. To contact San Bernardino probation violation attorney Marcie Gardner, please call 909.635.2047.
Please call today.