When a defendant pleads guilty to a felony and is not sentenced to prison, he is usually placed on felony formal probation. That means he will have a probation officer and that he must comply with specific terms of probation. If the probation officer believes that he or she has violated the terms of his probation, the probation officer will ask that the felony warrant go out for the defendant’s arrest. In almost every county in California, the defendant is then arrested and held on a NO BAIL HOLD STATUS.
A “NO BAIL HOLD STATUS” means that the defendant will remain in custody for several weeks while the matter is investigated. The defendant will not be permitted to post bail while the probation violation matter is pending. In these cases it is extremely important to retain a skilled criminal defense attorney.
What many people do not realize is that to be found in violation of probation a probation violation hearing must take place. The District Attorney must present evidence to convince the judge by a “preponderance of the evidence” that a probation violation has in fact occurred. When you have an experienced criminal defense law firm on your side you can often defend a probation violation.
If you are found to have violated any term of your probation the judge has many options. The judge can send you to prison. The judge can “revoke” your probation and “reinstate” probation under new terms. Those “new terms” almost always includes the defendant being ordered to serve jail time and often the period of probation is extended. In the event you are found to be in violation of probation your lawyer must argue for the most minimal punishment possible.
In a recent case where Wallin and Klarich was representing a defendant on a felony probation violation he was facing three years in prison. However, our law firm aggressively defended our client. He was found NOT guilty for the violation of probation charge, was released from custody and his probation was terminated.
A felony probation violation is a very serious matter. It is extremely important you seek highly skilled criminal defense assistance if you find yourself facing a probation violation. Feel free to contact Wallin and Klarich for a free case evaluation. We can make the difference between jail and freedom.