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In this article I will go over the basics of the law of probation not meant to be legal advice, your case is particular to you if you have questions after reading this blog give me a call at 559 441-1418.  

If you are place on probation there are one of several penalties you can recieve for either a Felony or Misdemeanor matter. 

The Court will suspend imposition of sentence for a conviction.

 

FELONY CASES

For Felony cases an imposition of a sentence wil be suspended and you will be given probation for a period of time most the time now it is for a period of two years Felony probation.

Probation allows you to stay in your home and complete certain terms and conditions of probation such as paying fines, anger management, not getting into any more trouble etc.  

DIFFERENCE BETWEEN FORMAL AND INFORMAL PROBATION?

For Felony 'formal probation' you must see a probation officer and check in there are some misdemenaors that require formal probation unless the court allows for informal.

Even if you are on informal probation you must adhere to your terms and conditions of probation.  

 

WHAT HAPPENS IF YOU VIOLATE PROBATION?

If a person violates there probation your probation could be revocked, modified, or completely terminated.  

 

If the court terminates the probation then he must serve a jail sentence.  If the terms are modified the probation may be extended, kepp the present date and add other terms, or a combination along with local jail time without the probationer having to go to prison if a Felony case for a term.  

 

that depends on how serious the violation is and wether there have been other violations of probation, or wether the person has complied with other terms and conditions of probation before the current violation of probation and wether there are current other law violations along with the violation of probation.   

 

if you are found to be in violation of Midemeanor probation the court can sentence you to local county jail for a period as punishment or add other terms or make the probationer come to court to check on there status. 

 

A Probation Officer does not need a warrant to search your home or car if you are subject to search and seizure terms and can arrest you without a warrant for violations even violations amounting to hearsay.  As long as thre hearsay is considered to be reliable the court can rely on that information and base a violationo probation on that information.  

 

ARE YOU ENTITLE TO A VOP HEARING?

Yes you are entitled to a vop hearing to ascertain if there  is evidence by a preponderance of evidence that you violated your probation.  meaning more probably then not. This is not the same level of proof needed for a law violation.  And you do not have a right to a hearing by trial.  The Judge will make a determination if  you violated your probation and then there will be sentence imposed.  

 

Many times when a probation officer violates someones probation they will make a recommendation to the court where if the probationer admits to the violation they will ask the court for a certain sentence. Then if the court ok's this sentence, that is the sentence imposed.  

This occurs many times especially for minor or first time violations, however, this is not guaranteed and the person on probation wether misdo or felony should never violate there probation, the penaltes are always severe and many times involve going to jail  

many times people think it was a minor violation and the Judge disagrees. If you are accused of a violation of probation call 559 441-1418. 

 

 

 

 

 

 

 

 

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Gerald Schwab, Jr.

CRIMINAL DEFENSE ATTORNEY & DUI ATTORNEY SERVING ALL OF CALIFORNIA

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Fresno Criminal Defense Attorney
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Fresno, CA 93704
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