Are There Defenses to Probation Violations in California?
Probation is a court-ordered, supervised period of time for convicted offenders, typically used as an alternative to spending time in jail or prison. Individuals placed on probation must meet many conditions such as maintaining employment, attending counseling programs, and avoiding criminal activity and even certain individuals.
When individuals violate the conditions of probation, they can face serious penalties such as increased restrictions, an extended probation period, and even jail time for new or previous offenses. If you have been accused of violating probation, it is important that you have a strong defense to avoid the potential penalties. Below, our San Diego criminal defense lawyer explains the defenses available, and your options if probation is becoming unfeasible.
Defending Against a Probation Violation
Individuals accused of violating probation in California have many potential defenses that could help them obtain a better outcome. These include:
- Lack of knowledge: If you were not aware that you violated the terms of probation, you may be able to use this as a defense. For example, if you missed a counseling session but were unaware that it was scheduled, the judge will consider this when making their decision.
- Unavoidable violation: If you could not avoid the probation violation, this may also serve as a defense. For example, if you had to work at the same time as a mandatory meeting, this can help your case if the reason for the violation is thoroughly documented.
- Unlawful search and seizure: If law enforcement found evidence against you during an illegal search, your lawyer can argue this. If the judge finds that the search was unlawful, they will dismiss any evidence against you obtained as a result of the search.
- Compliance: Compliance with all other terms of probation may not serve as a defense in itself. However, it can complement a defense strategy. For example, attending all previous meetings with your probation officer can help prove that you did not intend to miss the most recent one.
Can You Change the Terms of Probation?
If your current situation is making it difficult to comply with the terms of your probation, you may be able to request a modification. Modifications to probation terms may be possible in the following situations:
- A change of employment, such as accepting a new job that has a long commute
- Medical issues
- Relocation
- Family obligations, such as needing to care for a disabled or incapacitated family member
Even when the above situations, or others that make compliance difficult, it is critical that you do not make any changes on your own. Before changing the terms of probation, you must obtain approval from the court.
Our Criminal Defense Lawyer in San Diego Can Help
If you have been accused of committing a probation violation, our San Diego criminal defense lawyer can help. At Anthony Z. Vargas, Esq., our experienced attorney can prepare the defense you need to ensure you do not face the harsh penalties associated with a probation violation. Call us now at 858-285-4595 or fill out our online form to schedule a consultation and to get more information.
Source:
sandiegocounty.gov/content/sdc/probation.html
