San Diego County Criminal Defense Lawyer
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.
Don't let the past follow you any longer!
Contact our firm today to schedule your free
case evaluation with our dedicated legal team.