Probation – Violations or Early Termination
If you or a loved one has been charged with a Violation of Probation (VOP) or violation of Community Control, it is important to speak to a defense attorney immediately. Whether it is a misdemeanor or felony, a Violation of Probation or Community Control is a serious matter and time is of the essence.
Call now for a free consultation. Jail Consultations are also available ($75 in-county and $100 out-of-County)
I WANT OFF PROBATION. EARLY TERMINATION OF PROBATION ATTORNEY
If you are currently on Probation (or Community Control) and you want to get an attorney to file a motion to terminate your probation EARLY (or to convert community control to regular probation), please give us a call! For an Orange County Felony case, the standard fee is just $450.00 (flat fee, costs included), with Misdemeanor probation being only $375.00 (flat fee, costs included). Please note: unless you have completed ALL your sentence requirements you will likely not get it granted. We can file for your early termination before the halfway point of your probation, but you greatly enhance your chances of success by waiting until your halfway point (or very close to it).
Let’s get started now! Call us for a FREE consultation or if you just need more information. To get started: we need 1) proof or confirmation of completion of all your sentence requirements, 2) your probation officer’s email address or phone#, and 3) your fee. The Motions usually take about 20 days. If you have a current or prior violation(s) while on that probation, you are NOT forbidden from making the motion, but it does lower your chances of success (depending on the violation and how many).
You can be sentenced to the original, full amount of jail/prison time for that charge. For instance, a violation of probation or community control for a third degree felony which carries a maximum of 5 years in prison can result in a sentence of the full 5 years prison; a violation of a first-degree misdemeanor can result in 1 year in jail, etc. for a violation of probation or community control. All decisions of guilt and sentencing are up to the judge. The judge only has to find a violation by a “preponderance of the evidence,” which is a lower standard than “beyond a reasonable doubt” in a regular criminal trial.
If a new criminal charge (“new law violation”) is alleged: it is important to speak to a criminal defense attorney regarding both the VOP and the new criminal charges. A plea to the new charges–even if they are minor charges–can have serious consequences for the VOP. If you plea to the new charge, that can be considered an automatic violation. Also, you do not have to be convicted of the new charge to have it violate you–the judge who hears your VOP can find you guilty of the new charge and proceed to sentencing you on the VOP. It is important that you do not plea to the new charge or make any statements without consulting an attorney.
If you have been ordered to complete certain conditions by the court such as community service, a drug or alcohol program, classes, etc., you may want to complete these things as soon as possible. Getting these things completed may help your case at your court date.
Time is of the essence. Do not wait until the last minute to speak to an attorney. There may be important matters that need to be addressed prior to your court date, and any delays can be costly.
BOND HEARING – VIOLATION OF PROBATION OR REGULAR OFFENSE
If a loved one is being held in jail without bond: we may be able to ask the judge to set a bond so that they can be released. Whether the judge grants bond will depend on how serious the original crime is, what kind of violations are alleged and other factors (If it is a VOP case).
Most judges will not allow an attorney to represent a person for the limited purpose of only a bond hearing. Ordinarily, the attorney must enter a notice of appearance on the whole case before a bond hearing can be requested. An accused does not have the right to a bond on a VOP, so they are completely discretionary with the judge. Bond hearings can take 10-20 days to get before the judge, so please call now.