If I have violated by probation what are the consequences in Riverside? Penal Code 1203

By: Wallin & Klarich

If you have violated your probation, there are many probation violation consequences in Riverside that may be imposed upon you depending on the circumstances of your case. First, a judge may choose to revoke the probation you were granted and instead enforce the original sentence for the crime committed. In some situations, a judge may …

Posted In: Probation

Court Realignment Law Results in More Defendants Choosing to do Jail Time Over Probation

By: Wallin & Klarich

Many California jails are overcrowded and to comply with the law must release inmates early from their sentence. Due to this fact many of those accused of crimes are choosing to serve their entire sentence and reject probation. This is happening because it is becoming a well known fact that inmates are not serving the …

Posted In: Probation

Lyndsay Lohan Could Face a Long Jail Sentence Today in Court

By: Wallin & Klarich

Lindsay Lohan has “earned” a long jail sentence and she should get what she earned today from judge at sentencing at her probation violation hearing. The fact is though, Los Angeles County jails are overcrowded. That may be Lindsay Lohan’s only remaining hope to avoid a large jail sentence today when she appears before the …

Posted In: Probation

Probation Violations – No Right To Trial By Jury

By: Wallin & Klarich

For probation violations, the defendant is not entitled to a trial by jury. The court is the finder of fact for probation violations. Probation violations arise when a defendant fails to pay required fines, fails to obey all laws, commits a new offense, fails to pay restitution to the victim, etc. If there is a …

Posted In: Probation

LINDSAY LOHAN RELEASED ON BAIL LATE FRIDAY AFTERNOON AFTER HER LAWYER FILES APPEAL – CALIFORNIA PENAL CODE SECTION 1271

By: Wallin & Klarich

On September 24, 2010, in the late afternoon, a Los Angeles Superior Court allowed Lindsay Lohan to post bail and be released from custody after her lawyer appealed an earlier ruling that morning denying her the right to post bail. The previous judge’s ruling denying bail meant that Lohan would have been in custody at …

Posted In: Probation

Lohan Sent to Jail for Probation Violation

By: Wallin & Klarich

According to the LA Times, Lindsay Lohan surrendered herself today and has been booked in county jail. Lohan was sentenced to 90 days in jail after violating the terms of her probation from her DUI conviction by failing to attend the required alcohol classes. Due to the overcrowding at Los Angeles County Jails, Lohan will …

Posted In: Probation

After a Long Fight With the District Attorney, Some Defendants Find their Biggest Opponent is the Department of Probation

By: Wallin & Klarich

Many criminal cases are resolved by plea agreements between the district attorney’s office and defense attorney. These plea agreements may be drawn out for months and require multiple court dates for the two sides to finally come to an agreement. After all the time and energy spent on a plea agreement, some defendants have the …

Posted In: Criminal Defense

California Probation Issues: Modification and Termination

By: Wallin & Klarich

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 …

Posted In: Criminal Defense