Southern California Defense Blog

Under a new law scheduled to take effect on January 1, 2009, if you are detained by a peace officer on suspicion that you have been drinking and driving, you would be required to submit to breath testing if requested by the officer, and, if your blood alcohol level is a 0.01 percent or greater, your license will be subject to suspension by the DMV. Additionally, you can be charged with an infraction, as well as with violating your probation. Finally, the new law gives the officer authority to tow and impound your vehicle at your expense if you are on probation for a DUI and you are caught driving with a blood alcohol concentration of 0.01 percent or higher. Additionally, if you refuse to take the breath test, your license will be subject to suspension by DMV and you will also be subjected to a potential charge of violating your probation.

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Posted In: Probation

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As Paris Hilton recently found out the hard way, being placed on probation in lieu of jail time does not mean that you “got off scott-free.” Many people assume that when they are convicted of a misdemeanor or felony and they are not sentenced to serve any jail time (or just a few days in jail) that they got off easy and can continue to do as they please. However, this is not the case!

Before we go any further, I am going to go over what I mean by the term probation. Webster’s Dictionary defines the word probation as, “A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.” Now there are several different forms of probation in the Criminal Justice System, but I am talking about formal and informal probation. In general terms, formal probation refers to when you are placed on probation and must report to a probation officer (if not in custody). Meanwhile, informal probation or summary probation refers to court supervised probation, meaning you do not have to report to a probation officer.

Probation is considered a privilege and not a right. Thus, everyone is not entitled to be placed on probation in lieu of jail or prison time. If you are placed on probation, you are given several terms and/or guidelines to follow. If you do not follow the terms of your probation, you can be in violation of your probation, your probation can be terminated, and you can be sentenced to the statutory maximum amount of jail and/or prison time. This is the concept that numerous people gloss over and/or do not understand and that can be very problematic!

Continue reading "Probation Does Not Give You a Free Pass" »

Posted by Wallin & Klarich | Permalink | Email This Post

Posted In: Probation

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