Probation and Parole
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…
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Parole Hearings To Be Heard By Superior Court Judges As Of July, 2012
As if the criminal courts are not busy enough effective July 1, 2013 Superior Court judges will now be required to conduct all parole hearings as of July 1, 2013. For the past several decades these hearings were conducted by the Department of Corrections hearing officers. However, under the new court realignment that began October 1, 2011 this task will now be required to be handled by judges. There is…
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Under California’s Felony Murder Rule, an Unarmed, First-Time Offender Served 29 Years in Prison for Waiting in a Getaway Car During a Robbery
Connie Keel was charged with first-degree murder for participating as an aider and abettor in the robbery of a liquor store that resulted in the death of the store clerk. Keel was convicted of murder in California at her 1981 trial, even though she was never accused of killing anyone with her own hands. To this day, Keel claims that she had no idea that her husband and cousin intended…
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California Probation Issues: Modification and Termination
The Court Has Authority to Modify Probation at Any Time During the Probationary Term –Success Requires the Knowledge and Skill of an Experienced Criminal Defense Attorney Penal Code section 1203.3 provides in pertinent part as follows: (a) "The court shall have authority at anytime during the term of probation to revoke, modify, or change its order of suspension of imposition or execution of sentence. The court may at any time…
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PROBATION VIOLATIONS
Wallin & Klarich has been helping people who have been accused of violating their probation for over 30 years. Whether you were placed on probation for a misdemeanor offense or a felony, you should consult counsel before having to appear before the Court. When placed on probation, the Judge in essence, suspends jail/prison time over your head. If you violate any term or condition of that probation, the Judge can…
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WHAT YOUN NEED TO KNOW IF YOU ARE FACING A PAROLE VIOLATION – YOU HAVE THE RIGHT TO HIRE YOUR OWN LAWYER
A parolee that is arrested for a parole violation will have a "parole hold" placed on him or her at the time of arrest. This parole hold makes it so the parolee cannot be bailed out of custody. If the parolee is arrested for a NEW CRIME, it is best to have the parolee waive his right to a speedy probable cause hearing until the court case is disposed of.…
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PROTECT YOUR LEGAL RIGHTS WHEN YOU ARE FACING A PROBATION OR PAROLE VIOLATION
It is important to understand HEARSAY evidence and its relevance at probation and parole violation hearings. PAROLE revocation and PROBATION revocation after the imposition of a sentence are constitutionally indistinguishable. Parole and probation revocation is NOT part of a criminal prosecution and therefore not all of the rights due a defendant in a criminal procedure apply. However, due process does require that a defendant at a probation revocation hearing be…
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