Probation Violation Defense Attorney in Modesto, CA
If you were put on probation, the court should have clearly and thoroughly explained the terms at sentencing. Often, these include random drug testing, paying fines by a certain deadline, attending a counseling or self-help program, and regularly reporting to your probation officer. The conditions of your probation can be extremely narrow, leaving many opportunities for the court to accuse you of violating them.
Derek L. Casey understands the many hurdles that clients face when trying to comply with their probation terms. To avoid serving extended probation or even jail time on the original offense, you need a fierce advocate on your side who can help you navigate the process and aggressively defend your rights.
When to Hire a Criminal Defense Attorney for Probation Violations
In some cases, the punishment for violating probation can be harsher than the punishment for the original offense. Even failing to tell a probation officer that you received a speeding ticket can trigger an accusation, resulting in exorbitant fines, extended probation, or even time served in jail or prison, even if your original charge was relatively minor. That’s why hiring a defense attorney is absolutely crucial when facing accusations of violating probation.
Derek L. Casey has defended clients against parole violations in a number of ways, including, but not limited to:
- Demonstrating that your violation was the result of a misunderstanding or miscommunication (in other words, the violation was not willful)
- Proving that your violation was not substantial enough to warrant revoking your probation (in other words, the violation was too minor)
- Negotiating an alternative penalty to revoking probation, avoiding some of the harsher modifications
Parole Violation FAQs
In California, people convicted of crimes that are not related to drugs and are non-violent in nature may receive informal probation (also called summary or misdemeanor probation). As the name suggests, this form of probation is less strict and does not require you to meet with a probation officer.
Formal probation (also called felony or supervised probation) comes with tougher conditions, including agreeing to submit to any search and seizure by a peace officer, whether or not they have a warrant.
There are three main outcomes of a probation violation hearing:
- The judge can revoke your probation: either you will serve jail time and continue probation on release, or the judge will impose the maximum sentence and end the probation. You will no longer be eligible for expungement in this case.
- The judge can modify your probation: they could extend the term length or add more conditions for you to comply with. You will no longer be eligible for expungement in this case.
- The judge can decide you did not violate probation: your probation remains intact and you will remain eligible for expungement.