There are many grounds for violating a person’s probation, the most common being the commission of a new criminal offense.
If the person has already posted bail on the new offense, but is still on probation for a prior offense, especially if the probation is on a prior felony, most judges will remand the person to custody with no bail at the first court appearance on a presumptive probation violation, thereby revoking the bail previously posted on the new offense.
If the violation of probation is not based on a new offense, then there is probably already issued a warrant for the person’s arrest, with either no bail or some substantial bail set on the warrant. If the person is picked up on the warrant, a hearing is usually set within 10 days, at which time it is possible to negotiate a reduced custody penalty – sometimes credit for time served – if the person admits to the violation and the violation has not been triggered by a new offense.
Most common probation violations not triggered by a new offense are “dirty” drug tests, not reporting to probation, absconding from the area, not completing a drug program, and not paying court-ordered restitution.
Alleged probation violations can be contested at an “evidentiary hearing” but bear in mind that the burden of proof is significantly less than that at trial – a mere preponderance of evidence, not proof beyond a reasonable doubt. Also, Fourth Amendment violations, i.e., illegal searches, cannot be raised at these hearings.
I do not charge for initial consultations and my reasonable fees are determined by the seriousness of the charges. Selecting the right attorney is a very important decision that can significantly affect your future. Do not take this decision lightly. I can help you, as I have done for hundreds of clients in the past.
The information contained herein is not intended to be advice concerning your individual situation, but rather is general in nature. Please rely upon your own attorney's advice regarding your specific case.
© 2015 Attorney Richard Muir
122 Civic Center Drive, Suite 102, Vista CA 92084
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