Can I Avoid Jail Time for a Felony Probation Violation?
If you are convicted of a felony offense, serving felony probation may be a more favorable option than serving a prison sentence. However, felony probation often comes with very strict terms. If you fail to comply with all of these terms, you could face severe consequences. So, will you go to jail or prison for a felony probation violation? Let our skilled criminal defense lawyers explain.
Prison Time is a Possibility
If you violate the terms of your felony probation, being sentenced to prison is a very real possibility. You could be sentenced to the maximum amount of prison time possible for your original crime if you are found to have violated felony probation.
In fact, in many cases involving felony probation violations, you will be placed on “no bail hold” status upon your arrest, which means you will be held in custody until your probation violation hearing concludes.
Is there anything you can do to avoid a jail or prison sentence?
Probation Violation Hearing
Your first opportunity to try to avoid a prison sentence for a felony probation violation is at the probation violation hearing. If you are accused of violating probation, a hearing must take place. At the hearing, the prosecution will try to convince the judge by a preponderance of the evidence that you committed a probation violation.
You have the right to be represented by a criminal defense attorney at the probation violation hearing. Our skilled and knowledgeable criminal defense lawyers at Wallin & Klarich have been representing persons facing probation violation hearings for more than 35 years. In many of those cases, we have been able to attack the prosecution’s evidence and raise doubt as to whether our clients violated a term(s) of their probation.
At your felony probation violation hearing, you will need your experienced criminal defense lawyer to attempt to convince the judge that you did not commit a probation violation. The judge has the power to impose a substantial prison sentence, depending upon the crime you plead guilty to. He or she could decide to revoke your probation and impose up to the maximum sentence allowed for the crime you were originally convicted of. The judge could also extend your probation or add more terms to your probation.
When determining the penalties for your probation violation, the judge will consider:
- The seriousness of your probation violation
- Your past criminal history
- Whether you have previously violated probation, and
- How much of your probation you have served
Your experienced probation violation lawyer will work hard to convince the judge to reinstate your probation and ask the judge for alternative sentencing. This can include:
- Home confinement
- Work release
- Weekend sentence, or
- Community work service
Our skilled and knowledgeable criminal defense attorneys at Wallin & Klarich can fight for you to try to obtain the lightest possible punishment for your probation violation.
Contact the Criminal Defense Attorneys at Wallin & Klarich Today
Felony probation is not easy. If you are accused of violating one of the terms of your strict felony probation, you should contact our skilled criminal defense lawyers at Wallin & Klarich immediately. Our criminal defense attorneys have been successfully defending clients at probation violation hearings for more than 35 years. Let us help you now.
With offices in Orange County, Riverside, San Bernardino, Victorville, West Covina, Torrance, Los Angeles and San Diego, you can find an experienced Wallin & Klarich criminal defense attorney available near you no matter where you work or live.
Call our office today at (888) 280-6839 for a free phone consultation. We will get through this together.
The post Can I Avoid Jail Time for a Felony Probation Violation? appeared first on Southern California Defense Blog.