Probation
DUI Probation Violation | Orange County
If you were convicted of an Orange County DUI, your sentence will most likely include a period of time on probation. Probation is a part of many DUI sentences. Probation is a period of time, set by the court, where you have to abide by agreed upon terms and are held accountable to the court if you violate those terms. For felony DUI probation, you will likely be supervised by…
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You Still Have Rights When You are on Probation
If you are convicted of a crime and placed on probation, you will be required to follow certain terms and conditions of your probation. These conditions are often related to the circumstances of your crime. So, what happens when the conditions of your probation are nearly impossible to follow? Can the court take away your right to use the internet and travel freely? This question was recently decided by the…
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Common Probation Conditions: The Price of Freedom
For those who have never been convicted of a crime, it is easy to think of probation as a mere slap on the wrist. But nothing could be further from the truth. While probation is definitely better than incarceration, it is still a perilous balancing act between repaying a debt owed to society for wrongdoing and maintaining personal freedom. If you have been sentenced to probation for a crime in…
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Do You Have to “Friend” Your Probation Officer?
Did you hear the one about the guy from Oregon who thought it would be a good idea to taunt his probation officer through Facebook? 1 Or about the judge in Arizona who decided that a convicted sex offender violated his probation by posting on MySpace? 2 Like in many other states across the country, probation officers in California are using social media to track and monitor you if you…
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Ninth Circuit Rules Probation Conditions Can Be Modified After Release (U.S. v. Bainbridge)
When a defendant is convicted and ordered to serve a period of probation, the court, not a government agency, sets conditions of probation. This is true whether the accused is prosecuted in a state or federal court. Only parolees have their conditions of release administratively set by the Department of Corrections. Generally, court-ordered probation conditions must reasonably relate to the crime for which the defendant is convicted and are not…
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10 Things to Expect if You are Accused of Violating Your Probation (Penal Code Section 1203.3)
If you have been granted probation, it means the judge determined you were eligible to have a term of custody in jail or prison suspended for a misdemeanor or felony conviction, pending successful completion of your probationary period. Probation allows you to complete your sentence while being supervised in the community. Probation can be served informally ("summary probation"), without being assigned to a probation officer; or formally ("felony probation"), which…
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A Court Cannot Extend Your Probation for Failing to Pay Restitution
A California defendant was recently faced with the summary revocation of her probation by the county probation department. In this case, the defendant was placed on three years probation and required to pay restitution. Threes month before her probation was set to expire, she was informed that she failed to make her restitution payments and she violated her probation. However, the defendant had been making her payments. After appearing without…
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What Happens If I am Ordered to Pay Restitution After My Probation Period has been Completed?
Restitution Definition In criminal cases where a victim of crime has suffered a type of injury, you may be held responsible for paying restitution. Restitution is simply defined as compensation to a victim of crime resulting from the criminal actions of the defendant. Once found guilty of the crime, you have a right to have a restitution hearing to determine the amount of restitution owed to the victim. Once the…
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How does a judge determine whether to grant probation in a felony case?
If you are charged with a crime, the biggest question on your mind is, "Am I going to jail?" The attorneys at Wallin & Klarich have helped keep people out of jail for the past 30 years. One of the primary tools to do that is probation. For some criminal convictions, a judge may decide to impose probation rather than a jail sentence. Probation comes with restrictions and conditions. If…
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Felony and Misdemeanor Probation Violation in San Bernardino – Penal Code 1203
If you are convicted of a crime, probation may be a part of your sentence. There are two forms of probation: formal probation and informal probation. Formal probation is typically required as part of your sentence if you are convicted of a felony. Formal probation, also known as felony probation, requires that you report and meet with a probation officer frequently. There are also certain terms of your probation that you…
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