Probation comes with a list of conditions, and life does not always make them easy to keep. A new job, a move, a missed class or a missed payment can lead to a violation. A missed court date can lead to a warrant. These situations are stressful, but they are often manageable when they are handled early.
Marcus E. DeBose has defended San Diego clients since 2001. He takes the time to learn what happened and why, then explains it to the prosecutor and the judge.
What counts as a probation violation
A violation can happen whenever you do not follow a term of your probation. Common examples include:
- Missing a meeting with a probation officer
- Not finishing a required class or program on time
- Falling behind on fines, fees or restitution
- A positive or missed drug or alcohol test
- A new arrest or new charge
- Leaving the area without permission, where that is a condition
How a violation hearing works
A probation violation hearing is not a new trial. A judge decides the matter without a jury, and the prosecution generally only needs to show that a violation was more likely than not. That lower standard is why preparation matters.
You still have the right to be represented, to present evidence and to explain the circumstances. If a violation is found, the judge may reinstate probation as it was, change its terms, or revoke it. The reasons behind the violation, and everything you have done right while on probation, can influence what the judge decides.
Outstanding warrants
A bench warrant is usually issued when someone misses a court date or does not follow a court order. An arrest warrant is issued when the police or prosecutors ask a judge for permission to arrest someone for a suspected crime. Either kind can surface at a routine traffic stop, at the airport, or during a background check.
Addressing a warrant with an attorney, before it surfaces on its own, may help. Depending on the case, an attorney may be able to ask the court to recall the warrant and set a new court date. In many misdemeanor matters, an attorney may be able to appear for you. Every case is different, and the court decides.
Do not wait for the warrant to find you. Call Marcus at (619) 876-0992 to find out what the warrant is for and what your options may be.
Probation violations after a DUI
DUI probation often includes conditions such as completing a DUI program, not driving with any measurable alcohol, and not refusing a chemical test. A new DUI arrest while on probation can lead to both a new case and a violation. See second and third DUI and DUI defense.
Talk to Marcus
If you have received a notice, missed a court date, or think you might have a warrant, book a free consultation. Meet Marcus at the Mission Valley office, or talk by phone or Zoom. He represents clients across San Diego County and southwest Riverside County. Hablamos español.