Consequences For A Probation Violation in Ventura County
Consequences For A Probation Violation in Ventura County In California, probation may be granted to a criminal defendant on either a misdemeanor or felony. Probation is considered a privilege, and not a right. To understand how probation works in California, you must understand the difference between formal and informal probation. Formal probation requires that you register with the Probation Department in the county in which the crime occurred, or the…
Read MoreOrange County Probation violation hearings – PC 1203 Wallin & Klarich
Orange County Probation violation hearings – PC 1203 Wallin & Klarich Orange County probation violation hearings occur in order to determine if you have violated the terms of your probation. During the probation hearing, the court can change, modify or revoke the terms of probation. The court may also subject you to the sentence of the original crime committed if the judge finds the circumstances appropriate. The court may also…
Read MoreWhat are the consequences for probation violation in Ventura County?
What are the consequences of probation violations in Ventura County? Probation violation in Ventura County can have serious consequences. In most instances, once you have been convicted of a felony or a misdemeanor, the court will not impose the maximum sentence, but rather place you on probation and give you certain probation conditions to abide by. Some of those conditions often, would be to obey all orders of the court…
Read MoreI may have violated my felony DUI probation in Orange County. Please Help!
I may have violated my felony DUI probation in Orange County. Please Help! First, you haven’t technically violated your felony DUI probation in Orange Countyuntil a judge makes a finding on the record that you have done so. That’s the key! You may have engaged in behavior that you feel may result in your probation being violated, but just like when you are charged with a criminal offense, you have…
Read MoreMedical Marijuana Card in California is NO License to Smoke Dope if You are on Probation
Medical Marijuana Card in California is NO License to Smoke Dope if You are on Probation A defendant was recently put on probation for cultivating marijuana with the intent to sell. As a condition of his probation, the court told the defendant that he could not use “medical marijuana” even though he had a doctor’s prescription due to his medical condition. The defendant appealed and said that this was a…
Read MoreThe Evidence Suppressed by a Judge can be Used Against You at a Probation Violation Hearing
The Evidence Suppressed by a Judge can be Used Against You at a Probation Violation Hearing Does that seem fair? Imagine this scenario: The police violate your constitutional rights when you are arrested on a new drug charge. You hire the experienced Riverside criminal defense attorneys at Wallin and Klarich, and they file a motion to suppress the evidence against you pursuant to Penal Code Section 1538.5. Your lawyers argue…
Read More4 Common Alternatives to Jail Time in Orange County
4 Common Alternatives to Jail Time in Orange County If you are facing a case which carries with it some mandatory jail time; going into custody and serving the sentence inside Orange County Jail is not a forgone conclusion. There are many options and avenues that an experienced Orange County criminal defense lawyer can pursue to help you avoid having to go physically in-custody and serving out your sentence in…
Read MoreDo I have to install an IID after three years of probation from a DUI?
Do I have to install an IID after three years of probation from a DUI? Generally, yes. If you were arrested for a DUI after July 1, 2010 in one of the four counties participating in the “pilot program,” you are required to install an ignition interlock device (“IID”) on every vehicle you own. This means you will have to notify the DMV with a DL-924 form, pay a $45…
Read MoreMiranda Warnings Are Not Required For Individuals On Probation
Miranda Warnings Are Not Required For Individuals On Probation The United States and California Constitution requires that a person be advised of their Miranda warnings when they are placed in custody or under arrest by a police officer. Miranda warnings are helpful to any one that can be charged with a crime to avoid making self incriminating statements. If the police fail to advise you of your Miranda warnings or…
Read MoreCan't Make Full Restitution Payment before End of Probation
Can't Make Full Restitution Payment before End of Probation When a defendant is convicted of a crime, the judge may decide to grant probation in lieu of a jail sentence. However, the defendant is required to abide by the terms of the probation, which may include compensating the victim in restitution for any loss or damages that directly resulted from the crime. An issue arises when the defendant is unable…
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